Hi there,
My husband and I came to U.S. last year. We both are holding H1-B visa, but my husband has signed a tax treaty document so he doesn't pay tax while I have to pay tax. Are we eliglible to receive the tax credit for the first-time homebuyer? Thanks.

Lu

Lu:

If you file a joint return as residents, then, yes, you ARE eligible for the fill $8,000 First Time Home Buyer's Credit.

If you file a separate return as a resident, YOU are definitely eligible for $4,000 of the credit. Your husband may or may not be eligible.

About yor husband's situation, I know of NO tax treaty that allows a H-1B visa holder to be exempt from taxation. In order to be exempt, he must be either a J-1 visa holder who is a teacher, scholar or researcher or a L-1 visa holder who is in the country for less than 183 days. He should double-check to make sure his status is in fact legally tax exempt, because, right now, based on yor posting, he is NOT!

Thanks a lot. My husband is a H1B visa holder and works for non-profit research group. He has a W-4 form. I haven't filed tax return yet because I got the job this year. But if we are going to file a joint return next year, are we eligible for the $8000 First time homebuyer credit?

If you file a joint return, you SHOULD be eligible for the entire $8,000 credit.

Regarding your husband, the fact that he works for a non-profit research group does NOT change the fact that he is here on a work visa, which makes his salary taxable.

Thank you.

Glad to help!