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Is she "US legal resident" OR "resident of canada"?

we all left canada long time few years already and have been living in US.

I am working in the US under TN visa, and my kid has ITIN (obviously she is NOT qualified for child tax credit).

 

1. she is canadian passport / citizenship

2. but she is NOT resident of canada for tax purposes, she is living in the US whole year.

My questions is:

Is she "legal resident" or "resident of canada"?

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RalphH1
Expert Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Is she "US legal resident" OR "resident of canada"?

If your daughter meets the “Substantial Presence Test” to be treated as a resident, you should select the “U.S. citizen or legal resident” choice as her citizenship status. (I’m guessing we’ll be adding “for tax purposes” to that pretty soon...)

 

Also, @craftindo2023, you’re on top of things regarding the inability to claim a “Child Tax Credit” with an ITIN. Hopefully you can claim the “Credit for Other Dependents” though!

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1 Reply
RalphH1
Expert Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Is she "US legal resident" OR "resident of canada"?

If your daughter meets the “Substantial Presence Test” to be treated as a resident, you should select the “U.S. citizen or legal resident” choice as her citizenship status. (I’m guessing we’ll be adding “for tax purposes” to that pretty soon...)

 

Also, @craftindo2023, you’re on top of things regarding the inability to claim a “Child Tax Credit” with an ITIN. Hopefully you can claim the “Credit for Other Dependents” though!

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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