Husband got the 2008 first time homebuyer credit, but moved out of the house and transferred to ex-spouse in 2017. 2022 Return getting rejected, how do we add form 5405?

[ehpi165430]

It only says to delete the 5405 form, but I need to add it to rectify that he has not lived there in 6 years. It was not associated with me in any way so it has never been a main home for us filing jointly.

[Opus 17 · Accepted solution]

What should have happened is that your husband was supposed to file a form 5405 in 2017 reporting that he moved out, transferring payment responsibility to his ex.  If he did that, then you should either answer "no", he never got the credit, or "yes but I moved out in 2017".  He doesn't owe anything for 2017 or later. 

If you are getting rejected by the IRS because he is not making a payment, that means that his move out is not on file, either the IRS lost it, or he never filed it.  He may have been making $250 payments that were not required, and its too late to get most of that back.

For 2022, if you are getting rejected, print your return and file by mail.  Then, he needs to check copies of his 2017 through 2021 returns to see if he made a $250 (or $500) payment in those years, or if he filed a form 5405 in 2017 to transfer his responsibility to the ex.