turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

ypwv
New Member

Can i include expenses to take care of my father-in-law and mother-in-law who escaped war in Ukraine? They do not have SSNs, on TPS status now. Thank you.

They stay with us, do not qualify for refugee program since they crossed US border before U4U program was announced by US government.
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

4 Replies
MaryK4
Employee Tax Expert

Can i include expenses to take care of my father-in-law and mother-in-law who escaped war in Ukraine? They do not have SSNs, on TPS status now. Thank you.

No, unfortunately. to qualify as a dependent, the person must be a U.S. citizen, a U.S. national, U.S. resident, or a resident of Canada or Mexico. 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
ypwv
New Member

Can i include expenses to take care of my father-in-law and mother-in-law who escaped war in Ukraine? They do not have SSNs, on TPS status now. Thank you.

Thank you for prompt response.

Can i include expenses to take care of my father-in-law and mother-in-law who escaped war in Ukraine? They do not have SSNs, on TPS status now. Thank you.

You can't take a tax deduction for expenses you pay to care for family members, regardless of their status or situation.  At most, you can

1. claim a family member as a dependent, which gets you a $500 credit

2. deduct medical expenses you pay for them on your tax return, but only if you can claim them as a dependent.

 

To claim a parent as a dependent, they must be a US resident, and you must provide more than half their total support for the year, and they must have less than $4400 of taxable income.  

 

Being a "US resident" does not require permission or legal status, but it does require the person pass the substantial presence test. 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

Taxable income means income that is taxable to the US government.  If someone is a US resident because they pass the substantial presence test, they owe US income tax on all their world-wide income.  This includes business income, pensions, or "social security" type plans from foreign countries.  (If someone becomes a US resident in the middle of the year, they owe US income tax on their world-wide income starting on the date they become a US resident.)   Failing to pay US tax, if owed, can impact a person's eligibility for legal immigration.

 

If your parents meet all three tests, you can claim them as dependents.  They would each need an ITIN.

https://www.irs.gov/individuals/individual-taxpayer-identification-number

 

You get the ITIN by filing your tax return by mail and including a form W-7 application for ITIN for each person.  You mail the tax return, the W-7, and the required proof of identity all to the IRS.  After the IRS issues the ITIN they will process the tax return.  

MaryK4
Employee Tax Expert

Can i include expenses to take care of my father-in-law and mother-in-law who escaped war in Ukraine? They do not have SSNs, on TPS status now. Thank you.

Please see Substantial Presence Test- you may be able to establish a tax residency to qualify them to be your dependents, which will be of benefit to you.  @ypwv 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question