Another Home buyer Credit question

[Jesse]

This is a hypothetical:
Couple married Saturday, January 2, 2010 and are now looking to buy a new home.

Husband has owned his primary residence for the past consecutive 6 years so he would qualify for the $6,500 credit.

Wife has never owned a home so she would qualify for the $8,000 first time home buyer credit.

Now that they are married do they disqualify each other from either credit?

He disqualifies Wife from the $8,000 first time home buyer as he owned a home and she disqualifies husband from $6,500 credit because she has not owned a home for 5 consecutive years?

I know the $8,000 is out, but I'm not sure about the $6,500?

[Mike Mac]

Amend 2008?

The first thought that came to mind is for the wife to amend her 2008 return. She was single then but I haven't taken the time to think it all through yet.

[Jesse]

They will be purchasing the home in 2010 and are already married, therefore the purchase date would determine whether or not they qualify, correct?

[Mike Mac]

sorrry bout that

I didn't read your original post close enough. You said they were looking to purchase a house. My mind read that they had already bought it in 2009.

[New York Enrolled Agent]

They will be purchasing the home in 2010 and are already married, therefore the purchase date would determine whether or not they qualify, correct?

From the IRS website - the Q&A were for homes purchased in 2009 though I'm not sure that makes any difference

Q. I am a long-time resident and current homeowner and my spouse is a first-time homebuyer (has had no ownership interest in a principal residence during the three-year period ending on the date of purchase of a new principal residence) and we purchased a new principal residence. Can we qualify for either the first-time homebuyer credit or the long-time resident homebuyer credit if we purchase a new principal residence?

A. No. Both you and your spouse must be first-time homebuyers in order to qualify for the first-time homebuyer tax credit. Since you had an ownership interest in a principal residence during the three-year period ending on the date of purchase, neither you nor your spouse qualifies for the credit. Similarly, both you and your spouse must be long-time homeowners of the same previous principal residence in order to qualify for the long-time resident homebuyer credit. Since your spouse is not a long-time homeowner of your current principal residence, neither of you qualify for the credit. (12/14/09)

[Jesse]

Interesting, thanks for the information, pardon my language but sucks to be them!