[Junaid169]

I have been in USA for 6 years now. For TAX purposes, I am treated as a U.S. resident. Filing regular 1040 and stuff. I am now on H1B since Feb 2009.

I saw that non residents are not eligible for First-Time Home buyer credit and it's a little confusing. Under the subject, are we talking about Non resident in general or for tax purposes, since it's a tax credit issue.

Do I qualify for First-Time Home buyer Credit, since I have been treated as U.S. resident for tax purposes?


Also using Federal Housing Tax Credit for First-Time Home Buyers: Frequently Asked Questions
16. I am not a U.S. citizen. Can I claim the tax credit?
Maybe. Anyone who is not a nonresident alien (as defined by the IRS), who has not owned a principal residence in the previous three years and who meets the income limits test may claim the tax credit for a qualified home purchase. The IRS provides a definition of "nonresident alien" in IRS Publication 519.



Link I used IRS PUB519 Publication 519 (2008), U.S. Tax Guide for Aliens
Substantial Presence Test
You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2008. To meet this test, you must be physically present in the United States on at least:

1. 31 days during 2008, and
2. 183 days during the 3-year period that includes 2008, 2007, and 2006, counting:
1. All the days you were present in 2008, and
2. of the days you were present in 2007, and
3. of the days you were present in 2006.
...

Thank you.

[AtlantaTaxExpert]

You are a resident alien for tax purposes and thus ARE eligible for the $8,000 First Tome Home Buyer's Credit.

[MukatA]

What visa did you have prior to H1-B?

[AtlantaTaxExpert]

His visa status prior to the H-1B is irrelevant. He became a resident alien starting on 1 Jan 09 and is therefore eligible for the credit.

[Junaid169]

His visa status prior to the H-1B is irrelevent. He became a resident alien starting on 1 Jan 09 and is therefore eligible for the credit.

I am on H1B. But Like AtlantaTaxExpert said its not relevant, because I am a resident for tax purposes; actually since 2008. Because if you are in USA over 5 years, you are considered a resident for TAX purposes even if you are on visa type F for that matter. F is of course is a students Visa, and H type are worker class.

Thank you AtlantaTaxExpert.

[Junaid169]

What visa did you have prior to H1-B?

I was on F1 and then had OPT for the whole year of 2008 and now on in H1B.
I have been in USA since Jan 2003. Out of USA for only One month in 2005 June