My wife's mother lives with us 8 months out of the year and is a resident alien with a green card and a social security number. I pay for all her expenses and she has no income.
Her social security number was obtained in 2024. If I am able to claim her as a dependent, can I amend previous years returns and claim her as a dependent and how many years can I amend?
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To claim your wife's mother as a dependent, she must meet the four tests of a Qualifying Relative. These tests are as follows:
Additionally, you must meet the three general Dependent Tests as follows:
If your mother-in-law meets all these tests, then you would be able to claim her as a dependent. You must show the person's social security number on your tax return, but you mentioned that your mother-in-law did receive a social security number in 2024.
Further, now that she has a social security number, you can amend prior year returns to claim her as a dependent, as long as you check the rules and make sure she met all of them for the year you are amending.
For more information, IRS Publication 501, Dependents, Standard Deduction, and Filing Information, is a great source! You can find this publication at this link: IRS Publication 501
The IRS limits the time you are able to amend a return to claim a refund to 3 years from the original filing deadline or 2 years of paying the tax due for that filing year if that date is later.
These help articles should help you complete the amending a return process.
How to File an Amended Tax Return with the IRS
Amending Your Income Tax Return
How do I amend my federal tax return for a prior year?
To claim your wife's mother as a dependent, she must meet the four tests of a Qualifying Relative. These tests are as follows:
Additionally, you must meet the three general Dependent Tests as follows:
If your mother-in-law meets all these tests, then you would be able to claim her as a dependent. You must show the person's social security number on your tax return, but you mentioned that your mother-in-law did receive a social security number in 2024.
Further, now that she has a social security number, you can amend prior year returns to claim her as a dependent, as long as you check the rules and make sure she met all of them for the year you are amending.
For more information, IRS Publication 501, Dependents, Standard Deduction, and Filing Information, is a great source! You can find this publication at this link: IRS Publication 501
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