Comments on: Ask the taxgirl: Same Sex Couples and the Homebuyer’s Credit

By: For First Time Homebuyer’s Credit, Domestic Partners Should Buy New House Instead of Selling Current House to Partner — Atlanta Divorce Law Blog

Tue, 04 May 2010 17:20:43 +0000

[...] Yesterday I talked about how same sex couples qualify for the first time homebuyer’s credit even if one of them has already owned a house. Also this week, Kelly Erb, publisher of the popular taxgirl blog, answered a question from one of her readers about whether someone could qualify for the homebuyer’s credit if buying a home from their domestic partner. [...]

By: Homebuyer’s Credit In Chart Form (Cause Who Doesn’t Love Charts?) | taxgirl

Mon, 22 Feb 2010 14:59:59 +0000

[...] Same Sex Couples and the Homebuyer’s Credit [...]

By: Gay Couples Law Blog

Gay Couples Law Blog — Thu, 06 Aug 2009 18:00:58 +0000

For First Time Housing Credit, Domestic Partners Should Buy New House Instead of Selling Current House to Partner…

Yesterday I talked about how same sex couples qualify for the first time homebuyer’s credit even if one of them has already owned a house. Also this week, Kelly Erb, publisher of the popular taxgirl blog, answered a question from……

By: Urbie

Urbie — Thu, 06 Aug 2009 15:34:16 +0000

Catherine, what I’m talking about is Qualifying Relative for tax purposes. As I say, it’s probably not relevant to this question, because if the guy has the cash to buy a house, he probably makes more than $3,500 a year. I just bring it up because a QR can be someone who is not biologically related.

Here are the specifics:

To be claimed as a qualifying relative, the person must meet all of the following criteria:
Not a qualifying child – The dependent cannot be a qualifying child of another taxpayer.
Gross Income – The dependent earns less than the personal exemption amount during the year. For 2008, this means the dependent earns less than $3,500.
Total Support – You provide more than half of the dependent’s total support during the year.

Relationship – You are related to the dependent in certain ways (be related to the taxpayer is one of several ways, or live with the taxpayer for an entire year, and the relationship must not violate local laws)

Joint Return – If the dependent is married, the dependent cannot file a joint return with his or her spouse.
Citizenship – The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.

By: Catherine

Catherine — Wed, 05 Aug 2009 20:51:57 +0000

I am certain a “partner” is not considered a relative (even a QR) in any way. How? My “partner” (we’re married but I think American’s are more comfortable with this term) have been together 12 years. We had to move overseas because my “partner” got a transferred with her job (government). After 40 years of US citizenship, and a marriage license from the state of California as well as a marriage license here, I was informed by the US government that I could not, under any circumstances, have a Visa or Military ID card. You can normally, at least, get a temporary one for even a distant relative. I can’t even drive our car because it has USEUR tags. Only “relatives (including my partners second cousin)” have that right. However, I did watch, with some dismay, as a military contractor divorced his wife of 25 years, married a Lithuanian “working girl” he met two weeks prior and was able to get her insurance, an ID card and visa within a few weeks after a civil marriage ceremony (always good to know my taxes are supporting the working girls of Lithuania). These are more rights than I’m given after 40 years of US citizenship and monogamy. That said, the government here couldn’t understand why the American government wouldn’t afford me a visa to remain with my “partner” so we hired a local attorney. We have a signed statement from the US Federal Government, and the local military command stating that I am, in no way, related to my “partner” (even with a state marriage license) and therefore I am unable to receive any US benefits awarded spouses or even relatives overseas. Unless the guy above is somehow weirdly and distantly related to his “partner”, he’s in the clear. I’d be happy to send him the biblical amounts of paperwork we had to compile for the court system here to show how “Not” related we are. At least the government here, after 2000 Euro’s, was far more civil minded about the whole thing and while they simply couldn’t understand why or how the US could refuse me even something so simple as an ID card or any spousal rights, they gave me a visa wherein my own country, would not. It’s amazing how easy it was to get a letter stating that we not only have no rights under US law as a couple. We even got a guy who was kind enough to laugh at us while writing out the letter. Best of luck to you and your husband. In my opinion and the opinion of the American government, you aren’t related. Never have been, never will be. If I was you, I’d sell away.

By: Urbie

Urbie — Wed, 05 Aug 2009 09:21:12 +0000

I wouldn’t want to be audited, if I tried this one. The taxpayer might feel better, having stuck it to The Man, but it’s probably more trouble than it’s worth (if, in fact, it would benefit him at all). He doesn’t mention whether or not his partner is a Qualifying Relative, and I assume that’s not the case, since he’s got the money to buy a house — but it’s worth noting (not that it’s strictly relevant) that you can be a QR without being related in any biological or familial way….

By: daily stock picks

daily stock picks — Wed, 05 Aug 2009 03:11:04 +0000

at least everything is clear between the Form 5405 and his situation..

i hope everything will went good to that person and to his partner..

By: Ask the taxgirl: Same Sex Couples and the Homebuyer’s Credit

Ask the taxgirl: Same Sex Couples and the Homebuyer’s Credit — Tue, 04 Aug 2009 18:25:47 +0000

[...] News Sources wrote an interesting post today onHere’s a quick excerptI’ve received a number of “ask the taxgirl” questions related to the first time homebuyer’s credit. I’m hoping to wade through a number of those questions this week in consideration of the IRS’ new emphasis on preventing related fraud . Enjoy! Taxpayer asks: Dear Tax Girl, I’ve reviewed the information published by the IRS related to the new $8000 first time homebuyer tax credit in the Economic Recovery package. I am a current homeowner, and live in the home with my domestic par [...]