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How does the Act define a first-time home buyer?
To qualify as a first-time home buyer, neither you nor your spouse (if applicable) can have owned a principal residence during the previous 3-year period. The law specifies that for purposes of this definition, the date on the HUD-1 is the determining purchase date. If you are married, you will need to provide the home ownership history for both you and your spouse.
If an unmarried couple buys a home and only one of them is a previous homeowner, the tax credit can be applied to the other person's individual tax return.
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