If my spouse & my son (age2) stayed in US just for 32 days and went abroad for vacation the rest of the year,can I claim them as dependents & be eligible child-tax credit

[kk3]

I lived in US the whole year and all of us were in US the entire previous year. They left in Feb and the child stayed with his mom abroad. If eligible, does Turbotax handle this scenario while filing return?

[xmasbaby0]

What is everyone's immigration/citizenship status?

[kk3]

I'm on work visa and my wife is on dependent visa. My son is a citizen. Thanks!!

[TaxGuyBill · Accepted solution]

Yes, TurboTax should handle your situation fine, with nothing unusual to do.

It sounds like your wife is a Resident Alien for 2017 (she meets the Substantial Presence Test).

That means you should file a Joint tax return with your wife (which will give you her exemption, and an increased Standard Deduction).

Because you are filing a Joint tax return and your son lived with HER for over half of the year, you can claim the child (which will give you the exemption and Child Tax Credit).

Because the child did not live in the US for over half of the year, you would not qualify for the Earned Income Credit (but if your income is too high, you would not qualify for that anyways).

[kk3]

Thanks!!

[lcorona13]

If you have supported the mother & child while she traveled and have documents stating such, there should be no problem filing. However, you will mostly have to itemize your taxes this year.

[macuser_22]

@lcorona13 - It is much more complicated than that.   A child that did not live with the taxpayer for more than half the year can only be claimed if they meet all of the rules for a Qualifying Relative, which depends on citizenship, country of residency, dependents income,  whether the other parent must file a tax return, and who paid total support for the year.  

(Itemizing has nothing to do with claiming a dependent).

---Tests to be a Qualifying Relative (& Unrelated Persons)---
       (Must meet ALL of these tests to be a dependent)

1.  The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days - There are exceptions for temporary absences such as school, illness, business, vacation, military service) as a member of your household.

3. The person's gross income for the year must be less than $4,050 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 17, for full information.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170933">https://www.irs.gov/pub...>

** Worksheet for determining support
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000171012">https://www.irs.gov/pub...>

[kk3]

Thanks lcorona13 and macuser_22..

[macuser_22]

If you are on a work visa then you are probably a non-resident alien and must file a 1040NR tax return that TurboTax does not support.

See this TurboTax FAQ:
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/2437638-does-turbotax-handle-form-1040nr-for-nonresident-aliens">h...>

[TaxGuyBill]

If he was on a Work Visa and "lived in US the whole year", the OP is a Resident Alien.

@kk  You said your wife lived in the US for all of 2016.  What about 2015?  How many days did she live in the US in 2015?  Does your wife have any income from anywhere in the world?  If so, approximately how much?

[kk3]

@TaxGuyBill She lived in US for 9 months in 2015 and all of 2014. She does not have any income except some deposits & dividends worth less than 1k. Thanks!!