DavidS127
Expert Alumni

Get your taxes done using TurboTax

It depends, and I am assuming you are a resident alien for U.S. tax purposes.  To be a dependent as your qualifying child your child generally must live with you for more than half the year and you miss that test by 1 day.  But, there is an exception to that rule if your son meets the test for a "child of....parents who live apart" a this IRS Publication 501 link. So, if your son lived with his other parent for at least one day, you may meet the test.  Be sure to check the other requirements and limitations if you use this exception.

 

Also, if you are married, note that you can treat your nonresident spouse as a resident for tax purposes by making the choice described in IRS P..., designating your spouse as a resident in TurboTax, and attaching a required statement to your mailed (not-efiled) tax return.

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