topic how long has your son been on F1? in Education

I am on J1 visa (resident for taxes) and my son (F1 visa, under 24yrs) is studying in the University. I paid his tuition. Can I deduct that amount from my taxes ?

gcarlos999 — Fri, 07 Jun 2019 22:07:56 GMT

how long has your son been on F1?

bine22 — Fri, 07 Jun 2019 22:07:56 GMT

how long has your son been on F1?

Since August (2016), he is doing a masters. He also spen...

gcarlos999 — Fri, 07 Jun 2019 22:07:58 GMT

Since August (2016), he is doing a masters. He also spent time in USA with B1 visa from January to April (2016). Can we claim a deduction for him, since IRS says that all the rules (US citizens) apply to resident aliens. Thanks

I just want to confirm that you are a Resident for taxes:...

TaxGuyBill — Fri, 07 Jun 2019 22:08:00 GMT

I just want to confirm that you are a Resident for taxes: What year did you first come to the US on your J-1 visa?

What country is your son from?

Yes I am a resident for taxes. End of 2012. Country Venez...

gcarlos999 — Fri, 07 Jun 2019 22:08:01 GMT

Yes I am a resident for taxes. End of 2012. Country Venezuela

Because your son is not a Resident of the US, Mexico, or...

TaxGuyBill — Fri, 07 Jun 2019 22:08:03 GMT

Because your son is not a Resident of the US, Mexico, or Canada, you can not claim him as a dependent and you do not qualify for any educational credits or deductions for him. Sorry.

https://www.irs.gov/publications/p501/ar02.html#en_US_2016_publink1000220881

But he had more than 183 days in USA in 2016, i.e., pass...

gcarlos999 — Fri, 07 Jun 2019 22:08:03 GMT

But he had more than 183 days in USA in 2016, i.e., pass the presence test. <a rel="nofollow" target="_blank" href="https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test">https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test</a>

On F1 he is a nonresident alien for the first 5 calendar...

bine22 — Fri, 07 Jun 2019 22:08:05 GMT

On F1 he is a nonresident alien for the first 5 calendar years. Only after that would he count days towards the substantial presence test.

I read this "Resident aliens must follow the same tax law...

gcarlos999 — Fri, 07 Jun 2019 22:08:06 GMT

I read this "Resident aliens must follow the same tax laws as U.S. citizens". Then I understand that I can claim him, based on the presence test. I cant not find anything that says I can not claim a F1 student. Thanks

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test">https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test</a> see reference to exempt individuals

<a rel="nofollow" target="_blank" href="https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student">https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student</a>

<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p519.pdf">https://www.irs.gov/pub/irs-pdf/p519.pdf</a>

you cannot claim him, as he is a nonresident alien for th...

bine22 — Fri, 07 Jun 2019 22:08:08 GMT

you cannot claim him, as he is a nonresident alien for the first 5 calendar years

If my son has a J2 visa, and has more than 3 years living...

gcarlos999 — Fri, 07 Jun 2019 22:08:10 GMT

If my son has a J2 visa, and has more than 3 years living in USA can I claim him as a dependent ? Just to understand the rules.

If your visa (of which the J2 is a dependent visa) is a n...

bine22 — Fri, 07 Jun 2019 22:08:12 GMT

If your visa (of which the J2 is a dependent visa) is a non-student visa, then, after 2 years the J2 visa holder would be subject to the Substantial Presence Test, just like the J1

Can we claim American opportunity credit ? for F1 or J2 (...

gcarlos999 — Fri, 07 Jun 2019 22:08:13 GMT

Can we claim American opportunity credit ? for F1 or J2 (dependent at high school and college since Sept 2016) ?

the previous answer would only apply, if he were still on...

bine22 — Fri, 07 Jun 2019 22:08:14 GMT

the previous answer would only apply, if he were still on J2. On F1 he is still a nonresident alien for 5 years (but that is cumulative)