[fmf77]

Hi, I am holder of a G4 spousal visa through my husband who works at an international organization (I am Canadian and he is European). Can I file as a resident and get mortgage deduction benefits (and first time homebuyer benefits?) I work at an U.S. firm and pay US taxes on my income.

Thanks,

[AtlantaTaxExpert]

Dependents of G visa holders are considered residents of the United States and file just like U.S. citizens, which means you CAN claim mortgage interest on your return. You can also claim your spouse's personal exemption.

Additionally, you DO qualify for the First Time Home Buyer's Credit, but only for $4,000.

If you need professional help filing your return, email me at [email protected] or [email protected].

[fmf77]

Hi there,

I saw your answer to my question on G4 visa taxes, and I wanted to make sure I understood this well.

According to IRS publication 519 p. 6 I am a nonresident because I am on a G4 visa. It says “If you are present in the United States under an “A” or “G” visa you are considered a foreign government-related individual (with full-time diplomatic or consular status). None of your days count for purposes of the substantial presence test.”

Can this be contested as I am not an employee of an international organization or foreign government?

[AtlantaTaxExpert]

Yes, it DOES say that in IRS Pub 519.

However, if you get authorization to work in a job other than that directly related to the "G" visa, you are taxed and treated like a resident. You forfeit the benefits associated with the "G" visa, but you also gain the benefits by working and being taxed as a resident.

[fmf77]

Hi, Can you let me know where it says this? Thanks so much!

[AtlantaTaxExpert]

It does NOT say this. I know this based on interaction with the IRS on clients' cases and interpretation of the 'non-discrimination' clause of every tax treaty. It is the logical application of tax policy and tax law.