Can you claim your child as a dependent when on J1 visa but considered a tax resident

Forum|Forum|5 years ago
March 3, 2021
3 replies
58 views

Hi,

I've been in the US since July 2018 as a J1 visa research fellow. My wife and daughter joined me in October 2018.

This is year we're filing jointly as a US resident according to the substantial presence test. My question is, can I claim my 4yo child as a dependent ? Which we didn't do as non resident.

Thank you very much for your help.

Best,

ErnieS0

Alumni - Intuit

Yes, if your child has a tax ID number (either an ITIN or Social Security number).

You may not claim the child tax credit for a child with an ITIN. The child must have an SSN to be a qualifying child eligible for the child tax credit (CTC) or the additional child tax credit (ACTC).

To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number. The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual.

You may either mail the documentation, along with the Form W-7, to the address shown in the Form W-7 Instructions, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS. Form W-7(SP), Solicitud de Número de Identificación Personal del Contribuyente del Servicio de Impuestos Internos is available for use by Spanish speakers.

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Mben1

Level 2

Thank you very much for your answer.

A follow up question, should I still file an 8843 form for my daughter ?

For us we didn't since we're considered residents and have a social security number. In her case, she has a j2 visa and no social security number.

Thank you for your help.

Best,

npierson777

Level 10

You don't need to file Form 8843 for your daughter, if she lives with you in the US since 2018. However you won't be able to claim her as a dependent unless you get tax ID number for her, as it was said before.