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Old 06-26-2010, 10:32 PM
 
16 posts, read 38,855 times
Reputation: 14

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Bought a house in Florida in 2009 in my sons name so he could file for the $8000 first time buyers credit which we received already. Both me and my son are living in that house new and plan to stay here. I homesteaded the house in my sons name for 2010.
I own another house the house we moved from its in my name bought it maybe 20yrs ago at this time that house is homesteaded in my name. My plan is to rent that house out the one in my name but once I rent it I loose my homestead. Since I've owned and lived in the home so long my taxes are very very low there.
Florida has a homestead portability law that lets you move your homesteaded tax deductions with you when you move. Since I'm lived in the home so long i have a lot of portability built up in it and want to figure out a way I can transfer it to the new house in my son’s name and take avantage of all that portability.
I called the county tax dept. explained my scenario to them and was told that i could retitle the new house to both me and my sons name and would be able move over and take advantage of the full homestead from the old house

My question is what affect will that have on the $8000 first time buyer’s credit will my son be expected to pay it back?
We both plan to live and stay in the house for over 3yrs.
Also we have no mortgage on either home
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Old 06-26-2010, 11:40 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,583,796 times
Reputation: 2201
Here's info from the IRS website. Since the home will still be your son's principal residence, it appears there is no repayment requirement. You should consult with a tax professional to verify.

First-Time Homebuyer Credit Questions and Answers: Homes Purchased in 2009 or 2010

Q. When must I pay back the credit for the home I purchased in 2009?
A. Generally, there is no requirement to pay back the credit for a principal residence purchased in 2009 or early 2010. The obligation to repay the credit arises only if the home ceases to be your principal residence within 36 months from the date of purchase. The full amount of the credit received becomes due on the return for the year the home ceased being your principal residence.
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Old 06-27-2010, 01:18 AM
 
16 posts, read 38,855 times
Reputation: 14
Thanks nice reply
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Old 06-27-2010, 02:21 AM
 
10,875 posts, read 13,815,163 times
Reputation: 4896
So you defrauded the government and are looking for reassurance, nice,...
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Old 06-27-2010, 08:14 PM
 
Location: Kansas City North
6,819 posts, read 11,550,944 times
Reputation: 17146
Could the IRS say the son wasn't eligible for the credit to begin with?
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Old 06-27-2010, 09:26 PM
 
16 posts, read 38,855 times
Reputation: 14
Quote:
Originally Posted by Okey Dokie View Post
Could the IRS say the son wasn't eligible for the credit to begin with?

Why would they say that ?
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Old 06-27-2010, 10:07 PM
 
Location: NJ
17,573 posts, read 46,153,827 times
Reputation: 16279
Quote:
Originally Posted by markee View Post
Bought a house in Florida in 2009 in my sons name so he could file for the $8000 first time buyers credit which we received already.
This certainly smells like tax fraud to me.
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Old 06-27-2010, 10:08 PM
 
16 posts, read 38,855 times
Reputation: 14
In what way

I'm allowed to gift my son money to buy a house

I called the IRS before I did it and they explained to me the proper way to do it so i could qualify for the tax credit and if hes going to be living in the home for the next few years then were following the rules of the tax credit

So where does it smell so bad to you ?



Quote:
Originally Posted by manderly6 View Post
This certainly smells like tax fraud to me.
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Old 06-27-2010, 10:12 PM
 
Location: Oro Valley AZ.
1,024 posts, read 2,748,731 times
Reputation: 1196
You failed to mention how old your son is?
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Old 06-27-2010, 10:15 PM
 
16 posts, read 38,855 times
Reputation: 14
23



Quote:
Originally Posted by ricktucsonhomes View Post
you failed to mention how old your son is?
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