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    ajitamneni's Avatar
    ajitamneni Posts: 1, Reputation: 1
    New Member

    Mar 19, 2010, 01:41 PM
    How will I pass the substantial residence test if I wait till June 2010
    Here's my case -

    Came to US in Aug '06 on F1 visa. Graduated in Dec '08.

    In 2009,
    Been on OPT (F1 visa) from Jan '09 to Sept '09.
    Been on H1B from Oct '09 till date.

    Evidently I don't pass the Substantial residence test, so I'm a non-resident alien. I read in one of your forums that if I push filing my taxes till June, I will pass the residence test then and can file 1040.

    For the substantial presence test, I have to be in US for 183 days on H1B till 2009. How will the days in 2010 be counted into the test? Does that mean I will be filing my taxes from jan '09 to jun '10?
    Could you please explain in detail how filing form 4868 now and filing 1040 later change the status for 2009.

    I don't want to file as a non-resident alien because my friend and I bought a new home in nov '09 which is eligible for new home buyer tax credit. My friend being a resident alien, he qualifies for his share of the tax credit ($4000). I was on my H1 visa when we bought the home. Technically, I was a resident alien at the time of purchase.
    But, I'm a non-resident alien on the whole for the tax yr 2009, and I was told by an IRS customer representative that I don't qualify to get my share of tax credit because of the non-resident alien status.

    So, is it possible to get that money if I wait till June '10 and file my tax as a resident alien?

    Though I will qualify as a resident alien in June '10, I am a non-resident alien for 2009. Is it right to file as a resident for the tax yr 2009 when I was a non-resident alien?

    If that is right, can I claim the new home buyer tax credit in June '10 for the home we bought in nov '09?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert

    Mar 19, 2010, 10:10 PM

    If you are not married, you can not file 2009 resident return.

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