First Time Home Buyer's Credit for J1, F1, H1B visa taxes

[Atlanta Tax Guru]

If you are resident for ALL of 2010, then, yes, you CAN claim the credit, provided the house is purchased by the specified time limits.

[askmke]

I was on F1-OPT, until Dec 31, 2009, and starting Jan 1 2010, I am on H1. I signed on my home closing statement on Dec 22, 2009, and I am going to be in the US the whole of 2010, and plan on using 1040 for filing my returns. Will this work?

[Atlanta Tax Guru]

It is unusual when H-1 visa start on 1 January 2010. Usually, they start on 1 October 2009, but you may have had it STAMPED on 1 January 2010.

Check the approval letter. If the effective date is 1 October 2009, AND if you are married, you can claim the credit on yor 2009 tax return by filing jointly, delaying your filing until 1 June 2010, and then CHOOSING to be treated as resident aliens for all of 2009.

If you are single, then you are out of luck; sorry!

[neals]

Hello
I bought a condo last year in April2009 when I was on J1 visa. I am still on the same visa and have been having this place as my primary residence till now (April 2010). I am still single. Am I a resident alien who can apply for the credit? I was in the US for the whole of 2009.
Also if I end up moving out of this place sometime in 2010 (say June 2010) when do I have to return this $8000? ( on my 2010 tax returns which I will file in April 2011?)
Also if I end up having to give back the credit in 2011 can I claim it sometime at a later point in time when I come back and make this my primary residence for at least 3 yrs.
Alternately, if I do not claim the first time home buyer credit now ( I anticipate I may have to move out for the sake of a job etc. in 2010 itself) can I claim this $8000 at a later point in time when I come back here to make this my primary residence for at least 3years?
Thanks
Neeraj

[neals]

I found this on the IRS site which makes it sound that I am a exempt individual ( the section below on exceptions) and may not be able to make the claim for the credit though I fulfill the substantial presence test.

Substantial Presence Test

BTW even last year I filed the 1040 not 1040NR since I satisfied the substantial presence test.
Would appreciate your letting me know if I qualify for the homebuyer credit under a J1.

[Atlanta Tax Guru]

Neals:

The time you spend under the J-1 visa does NOT count towards the Substantial Presence Test.

This being the case, you are a non-resident alien and this od NOT qualify for the $8,000 First Time Home Buyer's Credit.