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Level 2
posted Jan 18, 2023 9:32:42 PM

Claim foreign parent who owns a LLC in US as dependent

Hiya,

 

I (H1B) and my wife (H4) are filing tax return jointly this year. My father (living in foreign country, holds B1 visa) owns a LLC in US, and he is the sole owner. This year the LLC received a 1099-INT. He does not have a ITIN and it is not practical to apply for ITIN since it requires the original copy of the passport or him being physically present in the US. AFAIK, a sole owner LLC can file tax return along with personal return. 

 

So here is the question: Can we claim him as a dependent for the purpose of filing the tax return for the LLC?  

0 4 236
4 Replies
Level 15
Jan 19, 2023 7:02:45 AM

Stay tuned. I will page @pk.

Level 15
Jan 19, 2023 2:57:03 PM

@QWJLEGEND  I have answered in your other thread -- so ....

Level 2
Jan 19, 2023 7:22:11 PM

LOL, sorry! I was impersonating as my parent in the other thread. 

 

This question still holds, can I claim my parent as a dependent? It seems turbotax does not allow me to..

 

Level 15
Jan 19, 2023 7:31:58 PM

 

WHO CAN I CLAIM AS A DEPENDENT?

 

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2022 taxes as long as they meet the following requirements:

Qualifying child

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.

  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,400 in 2022.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.