$6500 credit for new construction

My wife and I have been building a home for a few months and we are hoping to close in December or January.

We have a construction loan and we are working with a different bank for the permanent financing.

The permanent financing people are pushing this as a refinance because of the construction loan. We are worried that because of them calling it a "refinance" we won't be able to get the $6500 tax credit.

Does anyone here know if this will be a problem?

Thank you,

--Carlos

That's a good question.  The real issue is when you purchased the home.  If this is a pre-sold spec and the builder obtained the construction financing then it looks like you qualify.  However, if you purchased the lot and obtained the construction loan then it doens't look to me like you do.  However, as always, check with your CPA or tax advisor for tax questions.  

No its not a spec home, we bought the lot almost two years ago and have been building for a few months. The construction loan is under our name! I guess we'll have to check with a CPA.