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Level 1
posted Jan 26, 2022 12:07:12 PM

EITC child residency test

Hello,
I have a bit of unusual situation with my son that was born this year.
We decided to give birth to him overseas, due to high rates if COVID in the US.

So he was born on Aug 5th 2021 in another country. Then we came back in the US on Oct 30th 2021, that's 86 days outside of the US and 62 days inside of the US. He's a US citizen with SSN.

We, as parents, have lived more than 6 months of 2021 in the US  (184 days) and our home is in the US. The child lived for all his life with us.
Does this satisfies the residency for the child for us to get the EITC?

All other requirements for EITC are met.
Thank You

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2 Replies
Expert Alumni
Jan 26, 2022 12:16:19 PM

Yes, your new baby qualifies for the EITC, the child tax credit AND the $1400 stimulus for this year.  You should check the box that says your child lived with you the whole year even though they were born this year.  Your newborn is treated as having the same residence as you.

Level 1
Jan 26, 2022 12:40:31 PM

Thanks Robert,

I thought the same thing myself after reading the IRS publication on the subject.

Problem is that, after I checked that box, there's another one asking how long the child lived in the US, and if I put anything under 6 months there, I don't get the EITC...although the child is not even 6 months yet. That question doesn't take into account my situation or how to adapt for it.

 

Thank You