The Joint Committee wording says:
The law itself says:
Sorry, the taxpayer has to have owned the old home, not merely rented it.
An individual (and, if married, the individual’s spouse) who has maintained the same principal residence for any five-consecutive year period during the eight-year period ending on the date of the purchase of a subsequent principal residence is treated as a first-time homebuyer.
`(6) EXCEPTION FOR LONG-TIME RESIDENTS OF SAME PRINCIPAL
RESIDENCE- In the case of an individual (and, if married, such
individual's spouse) who has owned and used the same residence as
such individual's principal residence for any 5-consecutive-year period
during the 8-year period ending on the date of the purchase of a
subsequent principal residence, such individual shall be treated as a first
-time homebuyer for purposes of this section with respect to the
purchase of such subsequent residence.'.
RESIDENCE- In the case of an individual (and, if married, such
individual's spouse) who has owned and used the same residence as
such individual's principal residence for any 5-consecutive-year period
during the 8-year period ending on the date of the purchase of a
subsequent principal residence, such individual shall be treated as a first
-time homebuyer for purposes of this section with respect to the
purchase of such subsequent residence.'.
Comment