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I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

He is legal and fully registered with ICE. We've waited almost 3 years now for his first appearance before a judge. He is a dependent, but can I claim him as one on my taxes?
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7 Replies

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

Yes, if you provide more than half of his support. 

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

Note: he is neither a US citizen nor a Canadian or Mexican national. 

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

It does you no good to claim such a dependent.

There are no exemptions and he is too old for other credits, regardless of nationality.

 

[Update: "credit for other dependents" may be available]

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

He is a US resident alien which is a qualification for dependency. 

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

Since He’s too old to qualify for any credits and doesn’t meet other dependent requirements there would be no benefit to claiming him. 

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

If you have dependents who don't qualify for the Child Tax Credit, you may be able to claim the Credit for Other Dependents. The maximum credit amount is $500 for each dependent who meets certain conditions. These, include:

  • Dependents who are age 17 or older.
  • Dependents who have individual taxpayer identification numbers.
  • Dependent parents or other qualifying relatives supported by the taxpayer.
  • Dependents living with the taxpayer who aren't related to the taxpayer.

I sponsor a 28-year-old Guatemalan asylum seeker. He lives in my home. He has a temp. work permit and SSN and earns less than $4300. Can I claim him as a dependent?

 

If you can be claimed as a dependent on someone else’s 2020 tax return, then you cannot claim a dependent on your tax return. You are also not eligible for the third Economic Impact Payment.

The third payment includes up to an additional $1,400 for each dependent you claim on your 2020 tax return (or your 2019 return if a 2020 return has not been filed or processed) with a valid SSN or Adoption Taxpayer Identification Number issued by the IRS. A valid SSN for the third Economic Impact Payment is one that is issued by the Social Security Administration before the due date of your tax return (including an extension to October 15 if you request it).

A child is your qualifying child if the following conditions are met:

  • Relationship to the individual who’s eligible for the payment: The child is your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of any of them (for example, grandchild, niece, or nephew).
  • Child's age: The child was:
    • under age 19 at the end of the tax year,
    • under age 24 at the end of the tax year, a student, and younger than you, or
    • any age and permanently and totally disabled.
  • Child's citizenship: The child’s a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico.
  • Child's residency: The child lived with you for more than half of the tax year.
  • Support for child: The child didn’t provide over half of his or her own support for the tax year.
  • Child's tax return: The child doesn’t file a joint return for the year (or files it only to claim a refund of withheld income tax or estimated tax paid).

A person is your qualifying relative if the following conditions are met:

  • The person can't be your qualifying child or the qualifying child of any other taxpayer.
  • The person either is related to you in one of several ways or lived with you all year as a member of your household (and your relationship must not violate local law).
  • The person is a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico.
  • The person's gross income for the year must be less than $4,200 for 2019 tax returns or $4,300 for 2020 tax returns. (Exceptions exist if the person is disabled.)
  • You must provide more than half of the person's total support for the year. (Exceptions exist for multiple support agreements, children of divorced or separated parents, and parents who live apart.)
  • The person doesn’t file a joint return for the year (or files it only to claim a refund of withheld income tax or estimated tax paid).
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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