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	<title>Comments on: $8,000 Homebuyer Tax Credit</title>
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	<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/</link>
	<description>Seattle&#039;s Leading Resource for Real Estate Information</description>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-344511</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Sun, 03 Jan 2010 17:27:55 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-344511</guid>
		<description>&quot;we urge you to consult a tax professional&quot;

In the original comment you indicated that you did consult a tax professional who said you were not eligible.

The questions you noted all point to do you live, work and play from that &quot;principal residence&quot;.

The &quot;tests&quot; of prinicpal residence I have seen are when someone owns two homes and is trying to count the one in the more favorable tax locale as &quot;principal&quot;, and the test is often that you spend most or at least more of your time there.

That said, I know people who work on boats, fishermen, who spend much of their time on a boat. Their property purchase is a principal residence as they spend all of their time there when &quot;not working&quot;.

Is there a reason you don&#039;t simply call the IRS and ask? I think if you lost your job (hope you don&#039;t) that you would go &quot;home&quot; to that &quot;house&quot; evidencing that where you spend most of your time is simply &quot;for work&quot; like the fishermen.

I think you know it&#039;s a gray area. You either have to find a tax professional who will do what you want, or you have to prepare your return yourself and hope for the best.

I think the fisherman that spends more of his time on a boat working, is the best analogy I can come up with.</description>
		<content:encoded><![CDATA[<p>&#8220;we urge you to consult a tax professional&#8221;</p>
<p>In the original comment you indicated that you did consult a tax professional who said you were not eligible.</p>
<p>The questions you noted all point to do you live, work and play from that &#8220;principal residence&#8221;.</p>
<p>The &#8220;tests&#8221; of prinicpal residence I have seen are when someone owns two homes and is trying to count the one in the more favorable tax locale as &#8220;principal&#8221;, and the test is often that you spend most or at least more of your time there.</p>
<p>That said, I know people who work on boats, fishermen, who spend much of their time on a boat. Their property purchase is a principal residence as they spend all of their time there when &#8220;not working&#8221;.</p>
<p>Is there a reason you don&#8217;t simply call the IRS and ask? I think if you lost your job (hope you don&#8217;t) that you would go &#8220;home&#8221; to that &#8220;house&#8221; evidencing that where you spend most of your time is simply &#8220;for work&#8221; like the fishermen.</p>
<p>I think you know it&#8217;s a gray area. You either have to find a tax professional who will do what you want, or you have to prepare your return yourself and hope for the best.</p>
<p>I think the fisherman that spends more of his time on a boat working, is the best analogy I can come up with.</p>
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		<title>By: Gerry LLema</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-344510</link>
		<dc:creator>Gerry LLema</dc:creator>
		<pubDate>Sun, 03 Jan 2010 09:33:08 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-344510</guid>
		<description>
What other exceptions exist that might prevent me from claiming this tax credit?
There is definitely some &quot;fine print&quot; in this bill, and we urge you to consult a tax professional and/or IRS documentation to determine if it impacts your situation.  Here are some examples of exceptions that will prevent you from claiming any tax credit:


The home purchase must be a principal residence - not a second home, investment home, or vacation home.
12.  What exactly is a &quot;principal residence&quot;?
While the IRS has a variety of tax laws related to the purchase, ownership, and sale of a principal residence, a principal residence is never actually defined in the tax code.  However, through a history of court rulings and IRS interpretations, there have emerged a variety of &quot;tests&quot; to indicate whether a home is a principal residence.  Some examples of the key components that will guide and assist the courts and the IRS in determining a principal residence include:


Where do you pay your state &amp; local income tax?
Where do you vote?
Where is the address on your driver&#039;s license?
Where do you get your mail?
Where is your bank?
Where are the social &amp; recreational clubs and other organizations to which you belong?


In terms of the actual types of homes that can qualify for a principal residence, it is a wide ranging list, as long as the home has a kitchen, sleeping quarters, and bathroom facilities.  This can include detached homes, townhouses, condominiums, duplexes, semi-detached homes, attached homes, rowhouses, cooperatives, mobile homes, and even house boats
THIS IS FURTHER INFORMATION I HAVE FOUND....IF I RENT ANOTHER APARTMENT AND DON&#039;T COLLECT ANY RENT FROM MY FRIEND THAT LIVES THERE THEN IT SHOULD BE CONSIDERED MY PRINCIPAL RESIDENCE.</description>
		<content:encoded><![CDATA[<p>What other exceptions exist that might prevent me from claiming this tax credit?<br />
There is definitely some &#8220;fine print&#8221; in this bill, and we urge you to consult a tax professional and/or IRS documentation to determine if it impacts your situation.  Here are some examples of exceptions that will prevent you from claiming any tax credit:</p>
<p>The home purchase must be a principal residence &#8211; not a second home, investment home, or vacation home.<br />
12.  What exactly is a &#8220;principal residence&#8221;?<br />
While the IRS has a variety of tax laws related to the purchase, ownership, and sale of a principal residence, a principal residence is never actually defined in the tax code.  However, through a history of court rulings and IRS interpretations, there have emerged a variety of &#8220;tests&#8221; to indicate whether a home is a principal residence.  Some examples of the key components that will guide and assist the courts and the IRS in determining a principal residence include:</p>
<p>Where do you pay your state &amp; local income tax?<br />
Where do you vote?<br />
Where is the address on your driver&#8217;s license?<br />
Where do you get your mail?<br />
Where is your bank?<br />
Where are the social &amp; recreational clubs and other organizations to which you belong?</p>
<p>In terms of the actual types of homes that can qualify for a principal residence, it is a wide ranging list, as long as the home has a kitchen, sleeping quarters, and bathroom facilities.  This can include detached homes, townhouses, condominiums, duplexes, semi-detached homes, attached homes, rowhouses, cooperatives, mobile homes, and even house boats<br />
THIS IS FURTHER INFORMATION I HAVE FOUND&#8230;.IF I RENT ANOTHER APARTMENT AND DON&#8217;T COLLECT ANY RENT FROM MY FRIEND THAT LIVES THERE THEN IT SHOULD BE CONSIDERED MY PRINCIPAL RESIDENCE.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-344497</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Sat, 02 Jan 2010 00:45:25 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-344497</guid>
		<description>Gerry,

It&#039;s clear that vacation homes and rental property do not qualify. Seems you use it as a vacation home and if your friend pays you to live there, it would seem to be part rental property part vacation home.

Does your friend pay you rent?.</description>
		<content:encoded><![CDATA[<p>Gerry,</p>
<p>It&#8217;s clear that vacation homes and rental property do not qualify. Seems you use it as a vacation home and if your friend pays you to live there, it would seem to be part rental property part vacation home.</p>
<p>Does your friend pay you rent?.</p>
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		<title>By: Gerry LLema</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-344489</link>
		<dc:creator>Gerry LLema</dc:creator>
		<pubDate>Fri, 01 Jan 2010 12:30:39 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-344489</guid>
		<description>I have been working for the Dept. of Defense Schools for the past 8 years.  I sold my house in Florida in 2002 when I took a positon with the DoDDS in Japan.  I recently pruchased a house in Florida and closed Nov. 1, 2009.  I only reside in the home during my summer vacation from June to August.  Can I claim this as my &quot;primary residence&quot;?  I live in a rented apartment in Japan paid for by the US quarters allowance.  I do not own any other poperty in the in US.  My friend stays at the house and maintains the property for me when I am not there.  Do I qualify?  My tax preparer H&amp;R Block has said theat I may not qualify due to me living 9 months overseas.</description>
		<content:encoded><![CDATA[<p>I have been working for the Dept. of Defense Schools for the past 8 years.  I sold my house in Florida in 2002 when I took a positon with the DoDDS in Japan.  I recently pruchased a house in Florida and closed Nov. 1, 2009.  I only reside in the home during my summer vacation from June to August.  Can I claim this as my &#8220;primary residence&#8221;?  I live in a rented apartment in Japan paid for by the US quarters allowance.  I do not own any other poperty in the in US.  My friend stays at the house and maintains the property for me when I am not there.  Do I qualify?  My tax preparer H&amp;R Block has said theat I may not qualify due to me living 9 months overseas.</p>
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		<title>By: Leavenworth Real Estate - Great Deals &#124; Icicle Creek Real Estate</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338988</link>
		<dc:creator>Leavenworth Real Estate - Great Deals &#124; Icicle Creek Real Estate</dc:creator>
		<pubDate>Mon, 20 Apr 2009 21:13:28 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338988</guid>
		<description>[...] $8000 tax credit from the Federal Government [...]</description>
		<content:encoded><![CDATA[<p>[...] $8000 tax credit from the Federal Government [...]</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338884</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Thu, 16 Apr 2009 22:24:10 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338884</guid>
		<description>PC,

Thanks for the link on the IRA funds and good luck to you!</description>
		<content:encoded><![CDATA[<p>PC,</p>
<p>Thanks for the link on the IRA funds and good luck to you!</p>
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		<title>By: PC</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338873</link>
		<dc:creator>PC</dc:creator>
		<pubDate>Thu, 16 Apr 2009 14:25:01 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338873</guid>
		<description>Thanks Ardel,
I live in AZ and did sell my house 3 yrs ago anticipating the real estate bubble. Little did I know that prices would fall this dramatically. I am ready to own again and the credit is a welcome bonus. I also checked the tax code for using ira money with no penalty and it is valid. http://www.fivecentnickel.com/2007/08/27/using-ira-funds-to-buy-a-house-good-or-bad-idea/

thanks again</description>
		<content:encoded><![CDATA[<p>Thanks Ardel,<br />
I live in AZ and did sell my house 3 yrs ago anticipating the real estate bubble. Little did I know that prices would fall this dramatically. I am ready to own again and the credit is a welcome bonus. I also checked the tax code for using ira money with no penalty and it is valid. <a href="http://www.fivecentnickel.com/2007/08/27/using-ira-funds-to-buy-a-house-good-or-bad-idea/" rel="nofollow">http://www.fivecentnickel.com/2007/08/27/using-ira-funds-to-buy-a-house-good-or-bad-idea/</a></p>
<p>thanks again</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338824</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Wed, 15 Apr 2009 18:31:24 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338824</guid>
		<description>PC,

No comment on the IRA part of the comment.  As to the $8,000 Homebuyer credit, your tax liability or lack thereof doesn&#039;t seem to matter.  Click the &quot;everything you wanted to know&quot; link in the post, and you will see the FAQs on the credit, including that you cannot have owned your prinicpal residence for the last 3 years.  Remember, it has to be your home that you will live in, and not an investment property, and you must continue to own and live in it for at least 3 years.  I believe that is what the FAQs will tell you, so please check that out fully.

What I find odd is that you would consider buying a house now, if you have not considered doing so in the past.  Buying a house to get the credit, vs. buying a house to own it during your retirement, seems to be &quot;off&quot; thinking.  But if you have not owned a home for 3 years and would feel better owning one at this time in your retirement, seems to me that you would qualify.  

You can check with your tax preparer or agent before entering into a contract to purchase a home, but that&#039;s my $02 FWIW.</description>
		<content:encoded><![CDATA[<p>PC,</p>
<p>No comment on the IRA part of the comment.  As to the $8,000 Homebuyer credit, your tax liability or lack thereof doesn&#8217;t seem to matter.  Click the &#8220;everything you wanted to know&#8221; link in the post, and you will see the FAQs on the credit, including that you cannot have owned your prinicpal residence for the last 3 years.  Remember, it has to be your home that you will live in, and not an investment property, and you must continue to own and live in it for at least 3 years.  I believe that is what the FAQs will tell you, so please check that out fully.</p>
<p>What I find odd is that you would consider buying a house now, if you have not considered doing so in the past.  Buying a house to get the credit, vs. buying a house to own it during your retirement, seems to be &#8220;off&#8221; thinking.  But if you have not owned a home for 3 years and would feel better owning one at this time in your retirement, seems to me that you would qualify.  </p>
<p>You can check with your tax preparer or agent before entering into a contract to purchase a home, but that&#8217;s my $02 FWIW.</p>
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		<title>By: PC</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338822</link>
		<dc:creator>PC</dc:creator>
		<pubDate>Wed, 15 Apr 2009 17:28:58 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338822</guid>
		<description>In 2009, I will certainly have a tax liability of $0 or very little. I am in a unique situation because I am recently retired, but have very little income with lots of cash. Does this mean if I buy a 80k+ house this year, I will receive a 8k check from the feds? also I think I can use IRA money (up to 10k) for the down payment without any penalty (just normal tax) even though I am &lt; 59 1/2.</description>
		<content:encoded><![CDATA[<p>In 2009, I will certainly have a tax liability of $0 or very little. I am in a unique situation because I am recently retired, but have very little income with lots of cash. Does this mean if I buy a 80k+ house this year, I will receive a 8k check from the feds? also I think I can use IRA money (up to 10k) for the down payment without any penalty (just normal tax) even though I am &lt; 59 1/2.</p>
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		<title>By: First Time Buyer Housing Tax Credit Loophole? &#124; Rain City Guide</title>
		<link>http://raincityguide.com/2009/02/17/8000-homebuyer-tax-credit/#comment-338626</link>
		<dc:creator>First Time Buyer Housing Tax Credit Loophole? &#124; Rain City Guide</dc:creator>
		<pubDate>Wed, 08 Apr 2009 23:23:31 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=5116#comment-338626</guid>
		<description>[...] credit” Logic says that this should be simply a buyer who has NEVER OWNED A HOME, right? The recent 2009 $8000 tax credit to stimulate housing and also hopefully our economy is willing to go ahead and forget a previous [...]</description>
		<content:encoded><![CDATA[<p>[...] credit” Logic says that this should be simply a buyer who has NEVER OWNED A HOME, right? The recent 2009 $8000 tax credit to stimulate housing and also hopefully our economy is willing to go ahead and forget a previous [...]</p>
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