First time homebuyer 2010

[cathe]

Wife bought a trailer in '07. Only her name on title. Husband bought a home in 2010, only his name on title. They filed MFJ that year and claimed 1st time homebuyer credit. IRS denied because of the wife's previous purchase. They were told by the IRS agent that if they had filed MFS, it would have worked, but they now could not amend the return and file MFS. This was a couple years back.

I just got a call from these people and this is year 3. I know you have 3 years to amend a return. Anyone see any reason I shouldn't try an amendment for these people? Can't remember if you HAVE to file MFJ to get the credit, but I am not seeing it anywhere.

Cathe

[Lion]

"...they could not amend the return and file MFS." You can amend TO MFJ at any time. You can NOT amend from MFJ to MFS after the deadline for filing the original return.

[cathe]

Thank you. How have I missed such a basic piece of information all these years! I am totally embarassed, but again, thank you.

Cathe

[New York Enrolled Agent]

You can amend TO MFJ at any time.

Lion - I agree with the answer you gave in stating the inability to undo a MFJ return after the due date. However, it is not true that you can amend to MFJ at any time.

§6013 does contain limitations on the ability to change from MFS to MFJ.

(2) Limitations for making of election

The election provided for in paragraph (1) may not be made--
(A) after the expiration of 3 years from the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse); or
(B) after there has been mailed to either spouse, with respect to such taxable year, a notice of deficiency under section 6212, if the spouse, as to such notice, files a petition with the Tax Court within the time prescribed in section 6213; or
(C) after either spouse has commenced a suit in any court for the recovery of any part of the tax for such taxable year; or
(D) after either spouse has entered into a closing agreement under section 7121 with respect to such taxable year, or after any civil or criminal case arising against either spouse with respect to such taxable year has been compromised under section 7122.