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    classiclulu's Avatar
    classiclulu Posts: 3, Reputation: 1
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    #1

    Sep 28, 2009, 02:02 PM
    Fisrt time homebuyer tax credit
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Sep 29, 2009, 08:21 AM
    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!
    classiclulu's Avatar
    classiclulu Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Sep 29, 2009, 11:45 AM

    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?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Sep 29, 2009, 01:37 PM
    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.
    classiclulu's Avatar
    classiclulu Posts: 3, Reputation: 1
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    #5

    Sep 30, 2009, 07:29 AM

    Thank you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Sep 30, 2009, 09:54 AM
    Glad to help!
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