I'm on L1 working in US since Sept2017, married and two kids 10 & 4yo. Can I claim them as dependents? Don't have ITIN yet. Also have childcare expenses. Thx.

[LinaJ2018]

Are you kids staying with you ?

[antdlc]

yes they are

[LinaJ2018]

Have you already applied for the ITINs?

[antdlc]

Not yet, I was told to so whenever I file 2018 taxes.

[antdlc]

I meant 2017 taxes

[LinaJ2018]

Please see answer below.

[LinaJ2018 · Accepted solution]

Yes, you can still claim them.  Since you did not apply for the ITIN in 2017,  you can file your 2018 taxes and apply together this year.  However, you cannot e-file.  You must paper-file. You can also claim the Childcare credit if you meet all other requirements. See Dependent care credit.

This is how you enter the information in the program.  

• In the program,  leave the SSN space blank
• After completing the return, print out the forms. Write APPLIED in the dependents' SSN space.
• As TurboTax does not support the Form W-7, fill out the forms by following W-7 and attach other required documentation
• Submit all forms and documents to the IRS Austin location in Texas.  (see Form W-7 instructions)

[antdlc]

Hi Lina, I am working on my tax refund with TurboTax Deluxe, and I am kind of stuck before health insurance, I cannot advance because I am asked to provide my kids SSNs, I left blank space as you commentedand now says both my two kids have got same SSN number.

[LinaJ2018]

If this is an error message, just ignore it.  You are not e-filing but paper-file. Your goal is to be able to print out the tax forms and write APPLIED on the paper.  The error message prevents you only from e-filing.  You will still be able to print out the tax forms.

[antdlc]

This is what I get (see my comments in capitals):

Just a sec, we found a few things to fix before we can start
Let's go to My Info and fix one or more of the following:

    Missing birthdate(s) BIRTHDAYS ARE ALL OK
    Missing Social Security numbers THATS OBVIOUS BOTH ARE BLANK SPACES
    Two people having the same Social Security number SAME AS PREVIOUS

Once that's done, we'll be ready to give Health Insurance another start (no rush).

[antdlc]

Hi Lina, this is our second year filing taxes, and for some reason last year we had $4000 of deduction on Child and Other Dependent Tax Credit, and this year eve having ITIN number for both of them I only get $1000 in deduction, why is that so?

[LinaJ2020]

Did everything else on your return change?  What about your income?  If your income is too high, both of your Child Tax Credit and Other Dependent Tax Credit begin to phase out at $400,000 for married couples filing jointly.  

Without seeing your tax return, it is hard for me to tell.  I would suggest you consider our new product / features TurboTaxLive to file your 2019 taxes.  In the program, once you complete entering all your information before you transmit to submit, you’ll have the option for a final review of your return by one of our tax professionals. When the tax expert has completed their review, they’ll inform you of any proposed changes.

Here are the details:

https://ttlc.intuit.com/replies/6071042 

@antdlc

[antdlc]

Thanks for your reply @LinaJ2020 , we do not have such huge earnings, but something more humble, anyway, I am still L1 visa holder, thus my wife and our kids are still L2. Let us get to the point, last year was our first complete taxation year and in term of tax porpouses we were resident alien, in order to get child tax credit we had to submit W7 form along with our tax filing, now, believe it or not, we got maximun deduction for our kids. The whole point is this very year we were expecting same thing, but surprisingly while completing child tax credit deduction and after I enter their ITIN, this year we are able to get a $500 deduction for each kid, way lower than last year.
I made a research and found out that without SSN we cannot claim the whole thing, now I wonder if there is a way the can get SSN since they have L2 visa. I hope I have explained myself well, it is sort of tricky situation.

[LinaJ2020]

I would suggest you visit your local Social Security Office for qualifications to apply for an SSN for your children.  Per IRS publication 972, the government does not require the qualifying child to have an SSN until the year 2018.  It is interesting that even with the new law, the international IRS office still approved the Child Tax Credit on your 2018 tax return with only the ITIN ( Form W-7).  I hope your child qualifies for the SSN so you can claim the benefits of this year's return.

I am attaching some of the links for your reference:

Publication 972-Child Tax Credit

Child Tax Credit faq