My son is on H4 visa and was born in India in 2023 and he was present in US for whole 2024 year, what is the option for citizenship status question in Turbotax app

[ramkasturi86]

There is a question in Turbotax app about citizenhip status in Dependents section. Which option is right for his condition. Below are the options. 1. U.S. citizen or Legal resident. 2. Citizen of Mexico or Canada. 3. None of the above. Since he is present in US for whole 2024 year, he passes substantial presence test. But I am confused which option to select for the above question. Please help. Thank you.

[Vanessa A]

If he is on an H-4 visa and you are claiming him as a dependent on your return, then you would select US Citizen or Legal Resident if he has passed the substantial presence test.  

However, if he has an ITIN instead of a Social Security Number that is valid for employment, you will not be able to claim certain credits for him such as the Earned Income Tax Credit or Child Tax Credit.  You would be able to claim the $500 non-refundable Other Dependent Credit if he has an ITIN. If he does not have an ITIN or SSN, you would not be able to claim him on your return at all unless you are mailing it in and applying for for an ITIN.

Claiming Non Citizen Spouse and Children on Your Taxes

How to obtain an ITIN

[ramkasturi86]

@Vanessa A Thank you for your reply. My son has an ITIN which we obtained during 2023 tax return and it doesnt mention anything about employment as he is just under 2 yrs old. So, is he not eligible for Child tax Credit or Earned Income tax credit? And eligible only for Other dependent credit? Please clarify.

[Vanessa A · Accepted solution]

Yes, that is correct.  In order to claim the Child Tax Credit or Earned Income Credit, the child must have a valid social security number.  The child only needs to have an ITIN to be able to be claimed for the Other Dependent Credit. Since he is 2 years old, if you must pay for child care so you and your spouse (if married) can work, then you can also use the ITIN to claim the Child and Dependent Care Credit.  This is different than the Child Tax Credit and is for things like daycare expenses.