I was a green card holder residing in a foreign country, and I gave up my green card in April 2018. Guess I should I file as a dual-status tax payer. Then can I claim Child Tax Credit or Foreign Earned Income Credit for the part of year (Jan. to April) that I was a resident alien?
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Yes, if your dependent qualifies for the child tax credit. To file a dual status return you MUST use itemized deductions. You are not allowed to use the standard deduction. Below are the instructions for suppressing the standard deduction in TurboTax. Also, you can only use the filing status of single or married filing separately.
You will need to file a dual status tax return for 2018 as you
were a part year resident and part year nonresident.
In order to prepare
a dual status return in TurboTax, you will need to print a copy of the
nonresident return (Form 1040NR from the IRS website) for your tax on US
income
after May. There will most likely be no US source income to enter for
that time. So your income on this form will probably be zero unless you
received US income after moving out of the US.. Write on the top of
the 1st page of the 1040NR, Dual Return. You will need to write in your name and address and
input zero as your US source income (if that is the case).
https://www.irs.gov/pub/irs-pdf/f1040nr.pdf
Then for the resident part of the return you prepare in TurboTax, you are not allowed to use the standard deduction, only itemized deductions if you are filing a dual status return. Also, you can either file single (if you are single) or married filing separately.
You must suppress the standard deduction. Instructions for this are below.
When your resident
part of the return is finished in TurboTax, print the return and write on top
of the return, Dual
Statement.
Put the 1040NR on top of 1040 resident return and staple and mail to the IRS. You must sign the 1040NR before mailing. You do not need to sign the 1040 statement.
You will need to staple your 1040NR and 1040 together and mail to the following address:
If you are not enclosing a payment then use this address...
Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0215
USA
If you are enclosing a payment then use this address...
Internal Revenue Service
P. O. Box 1303
Charlotte, NC 28201-1303
USA
Please see more help on dual status returns see page 7 of Pub 519.
You must choose itemized deductions. Please follow the below instructions to switch to itemized deductions.
First, sign in and make sure your return is open. You should see 2018 TAXES in your left-hand menu as pictured below (if not, tap or click the upper-left corner to expand the menu or select Take me to my return).
Once your return is open:
Yes, if your dependent qualifies for the child tax credit. To file a dual status return you MUST use itemized deductions. You are not allowed to use the standard deduction. Below are the instructions for suppressing the standard deduction in TurboTax. Also, you can only use the filing status of single or married filing separately.
You will need to file a dual status tax return for 2018 as you
were a part year resident and part year nonresident.
In order to prepare
a dual status return in TurboTax, you will need to print a copy of the
nonresident return (Form 1040NR from the IRS website) for your tax on US
income
after May. There will most likely be no US source income to enter for
that time. So your income on this form will probably be zero unless you
received US income after moving out of the US.. Write on the top of
the 1st page of the 1040NR, Dual Return. You will need to write in your name and address and
input zero as your US source income (if that is the case).
https://www.irs.gov/pub/irs-pdf/f1040nr.pdf
Then for the resident part of the return you prepare in TurboTax, you are not allowed to use the standard deduction, only itemized deductions if you are filing a dual status return. Also, you can either file single (if you are single) or married filing separately.
You must suppress the standard deduction. Instructions for this are below.
When your resident
part of the return is finished in TurboTax, print the return and write on top
of the return, Dual
Statement.
Put the 1040NR on top of 1040 resident return and staple and mail to the IRS. You must sign the 1040NR before mailing. You do not need to sign the 1040 statement.
You will need to staple your 1040NR and 1040 together and mail to the following address:
If you are not enclosing a payment then use this address...
Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0215
USA
If you are enclosing a payment then use this address...
Internal Revenue Service
P. O. Box 1303
Charlotte, NC 28201-1303
USA
Please see more help on dual status returns see page 7 of Pub 519.
You must choose itemized deductions. Please follow the below instructions to switch to itemized deductions.
First, sign in and make sure your return is open. You should see 2018 TAXES in your left-hand menu as pictured below (if not, tap or click the upper-left corner to expand the menu or select Take me to my return).
Once your return is open:
Can I take the child tax credit if I moved to the US from another country in September of 2022 with a green card for my whole family. So we were present in the United States for about 4 months. If you moved here in Sept 22, then you would have been here for all 12 months in 2023 or did you leave the country for a while? Or are you wanting to file 2022 taxes?
In order to claim the Child Tax Credit or EIC, your children would have to have an SSN valid for employment.
To claim the EITC, you would have to have been a US Citizen or Resident Alien for the entire year. So, if you were only in this country for 4 months, you would not be able to claim the EITC for that year. If you were in this country for all of 2023, and all of you have SSN's that are valid for employment, then you may be able to claim the EITC if you meet the rest of the criteria for claiming the EITC.
Even if you claim US Resident status for the entire year, you would have had to be in the US for at least 6 months in order to claim the EITC. So having only been in the US for 4 months, you would not qualify.
Now, if you are working on filing your 2022 return, then you would need to download the 2022 version of TurboTax to file through TurboTax. You cannot use the current version of TurboTax to file your 2022 return, you can only file your 2023 return using the current version of TurboTax.
Rules for Child Tax Credit 2023
You definitely meet the resident alien test if you have a green card under these rules. See HERE under Subcaption "Green card test requirements.
Being the fact that your child already meets the 1st requirement of being a resident alien by having the green card, there is no longer a substantial presence test requirement. As such, as long as your child lived with you for more than half of the year, you would qualify. See HERE #4 and #5.
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