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Posted by HLunsford on October 28, 2009, 12:14 pm
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Elle wrote:
> kam...@panix.com (Arthur Kamlet) wrote:
>> File form 5405 along with your tax return. You could instead
>> amend your 2008 tax return by filing form 1040X and form 5405.
>>
>> Based on word coming in from many tax professionals, it is a very
>> good idea to also attach a copy of the closing statement, form
>> HUD-1, you received at closing. I've even heard from some areas
>> where filers of amended returns requesting this $8000 credit were
>> also being asked to attach a copy of the filed deed!
>
> While this is not surprising, I did want more support for this
> statement, since I have a friend who recently mailed an amended 2008
> tax return and Form 5405. to obtain the first-time homebuyer's tax
> credit. He did not include any documents beyond what the tax form
> instructions say is required. I found the following and thought it
> might be a little helpful:
>
> Proof of Purchase
> Real estate transfer records are public records. Many states make it
> available on line and the IRS can verify it easily. Some [state]s do
> not have all the records online or public and in those cases IRS is
> asking for the proof of purchase. For example, most records in MO are
> not available on line and the IRS is asking for a copy of the recorded
> deed or a copy of the HUD-1 or RESPA settlement sheet as proof.
I can see why IRS would want both the closing statement AND a record of
deed transfer because a completely bogus closing statement may easily be
typed up on the HUD form for submission with the tax return. At first
IRS was concerned that people with same last names as buyer and seller
might be selling to related parties, and that's still a valid point.
So if IRS can verify that there is a valid closing statement and that
transfer did in fact take place, they're almost certain everything's on
the up and up. EXCEPT for one remaining problem, and that is whether or
not the buyer qualifies as not having owned a principal residence in
last three years.
ChEAr$,
Harlan Lunsford, EA n LA
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