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

[Bouga]

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]

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.

Related Resources:

• How Do I Get A TIN?
• May I claim the child tax credit for a child who has an individual taxpayer identification number (I...

[Mben1]

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,

[npierson7]

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.