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jjonaitis89
New Member

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

I moved to US with my family (my 4 year old son and my wife) February 2020. I am on j1 visa which makes them both my j2 dependants. My wife just got her EAD and waiting now for her SSN, but when I am now trying to fill for tax claim, I can't do it for my son as he doesnt have SSN nor he can get one without EAD card.
5 Replies
NCperson
Level 15

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

Not understanding what the question is.... are you asking if there is a bug in Turbo Tax? Turbo Tax goes to great length to ensure the software follows the IRS tax code. 

 

in order to be eligible for the stimulus you must be a US Citizen or a resident alien.  It's my understanding that a J1 holder is not a resident alien; there is no green card. 

macuser_22
Level 15

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

If on a visa then you are a non-resident alien and cannot use TurboTax at all since it does not support the 1040-NR.

 

Because few taxpayers need the following IRS forms, TurboTax doesn't include:

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
jjonaitis89
New Member

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

Well, I registered here as my friend is exactly in a same position, has also 4year old kid, is also on J1 visa, and has been using Turbotax. 

jjonaitis89
New Member

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

I am just asking for information, it asks me to put in my sons SSN, which he doesn't have and can't get as he wasn't born here nor he has a job also he can't apply for EAD card which would allow him to get SSN and search for jobs as he only is 4 years old and still my dependant. 

 

J1 are eligible for stimulus check for sure, my colleague is on exactly same visa, I also googled a bit and J1 visa holders are eligible, not required for green card.

 

Thank you for your answer

NCperson
Level 15

My child is 4 years old, I am a J1 visa holder, makes him J2 visa holder. It says I can't claim child related taxes? As well as the stimulus dependant support check?

not sure what you googled or how your friend is legally doing it, but here is what I know, and you note that I am only providing links to the official source, the IRS.  The risk of just googling is whether it is true or not. 

 

the link and source documents clearly state that J1 visas are non-resident aliens and the stimulus rules clearly state that non-resident aliens are not eligible for the stimulus.

 

does this help? 

 

 

1) this link is from the IRS

 

https://www.irs.gov/individuals/taxation-of-alien-individuals-by-immigration-status-j-1#:~:text=J%2D....

 

note that it states: 

 

The J-1 visa status permits a qualified nonimmigrant alien, i.e., an alien who is not a lawful permanent resident (also known as a “green card holder”), to temporarily reside in the United States to teach, study, observe, conduct research, consult, demonstrate special skills or receive on-the-job training for periods ranging from a few weeks to several years at colleges and universities, hospitals, research institutions, as well as the private sector.

Note, however, aliens may reside in the United States to work as a teacher, intern or trainee under several different immigration status classifications, including and H-1B status. It is important to distinguish between the J-1 status and the H-1B status because the tax consequences are significantly different. For more information about the J-1 immigration status, visit the Department of State website (https://j1visa.state.gov/).

 

the rules of the stimulus are that to be eligible you must be a US Citizen or a resident alien, which speaks to the comment above that there are significant tax differences between J1 and H1B status 

 

this is also from the IRS website: (click the light blue question and it will take you to the IRS website)

 

 

A1. Generally, if you are a U.S. citizen or U.S. resident alien, you will receive an Economic Impact Payment of $1,200  ($2,400  for a joint return) if you (and your spouse if filing a joint return)  are not a dependent of another taxpayer and have a Social Security number valid for employment and your adjusted gross income (AGI) does not exceed:

  • $150,000  if married and filing a joint return
  • $112,500 if filing as  head of household or
  • $75,000  for eligible individuals using any other filing status
    Your payment will be reduced by 5% of  the amount by which your AGI exceeds the applicable threshold above.

You are not eligible for a payment if any of the following apply to you:

  • You may be claimed as a dependent on another taxpayer’s return (for example, a child or student who may be claimed on a parent’s return or a dependent parent who may be claimed on an adult child’s return).
  • You do not have a Social Security number that is valid for employment.
  • You are a nonresident alien.
    The following are also not eligible: a deceased individual or an estate or trust.
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