Tax Year Prior to 2020: My dependant is not not a us citizen or resident

[stormyrio]

My father permanently lives in Mexico and cannot get a SSN.

[DS30]

Unfortunately, according to the IRS, in order to claim a person as a dependent on your income tax return, that person must have either an SSN or an Individual Taxpayer Identification Number (ITIN).

If you want to include your father as a dependent on your tax return and he doesn't have an SSN or ITIN, you will need to apply for an ITIN You would use Form W-7 and you would need to attached your tax return to this form.

Click here for IRS website  ITIN - Frequently Asked Questions

Additionally, the IRS requires that following related to claiming a dependent;

• You can’t claim any dependents if you (or your spouse, if filing jointly) could be claimed as a dependent by another taxpayer. 
• You can’t claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. 
• You can’t claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.
• You can’t claim a person as a dependent unless that person is your qualifying child or qualifying relative. 

An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative:

1. Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent
2. Relationship: The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), or be related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), son-in-law, daughter-in-law, brother, sister, half brother, half sister, stepbrother, stepsister, brother-in-law, sister-in-law, parent, stepfather, stepmother, father-in-law, mother-in-law, grandparent, and, if related by blood, aunt, uncle, niece, or nephew. Remember that a child whom you legally adopted is always considered to be your child. Also note that, for the purposes of this requirement, divorce or death does not change any relationship which was established by marriage (e.g. son-in-law, daughter-in-law, etc.)
3. Gross Income: The person must have made less than $4,000 in gross income during 2016.
4. Support: You must have provided more than half of the individual's total support during the year

Click this link for more additional information about claiming a dependent

[kaleem202]

Hi Team

I am a u.s. citizen and i use turbotax software to file taxes and i support in india my brothers kids financially and they do not have a SSN, Can i file them as a dependent. though they have no SSN or ITIN, if so which form do i need in turbotax

Thanks

Syed

[WKins2]

Unfortunately in order to claim anyone as a dependent on your tax return, they will either need to have a social security number or an ITIN. 

[madis7788]

Hello, I am a US citizen that has an 87years-old Filipino mother who is a non-US citizen and has no social security number. Can I claim her as my dependent? Appreciate your feedback. Thank you!

[DMarkM1]

I have reposted DS30 response from above to help you.  

"If you want to include your mother as a dependent on your tax return and she doesn't have an SSN or ITIN, you will need to apply for an ITIN You would use Form W-7 and you would need to attached your tax return to this form and mail it in.

Click here for IRS website  ITIN - Frequently Asked Questions

Additionally, the IRS requires that following related to claiming a dependent;

• You can’t claim any dependents if you (or your spouse, if filing jointly) could be claimed as a dependent by another taxpayer. 
• You can’t claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. 
• You can’t claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.
• You can’t claim a person as a dependent unless that person is your qualifying child or qualifying relative. 

An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative:

1. Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent
2. Relationship: The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), or be related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), son-in-law, daughter-in-law, brother, sister, half brother, half sister, stepbrother, stepsister, brother-in-law, sister-in-law, parent, stepfather, stepmother, father-in-law, mother-in-law, grandparent, and, if related by blood, aunt, uncle, niece, or nephew. Remember that a child whom you legally adopted is always considered to be your child. Also note that, for the purposes of this requirement, divorce or death does not change any relationship which was established by marriage (e.g. son-in-law, daughter-in-law, etc.)
3. Gross Income: The person must have made less than $4,000 in gross income during 2016.
4. Support: You must have provided more than half of the individual's total support during the year

Click this link for more additional information about claiming a dependent"

[Arlettecc]

my husband is not a  U.S. citizen and we have 2 children (4 and 2 years old) who are neither citizens nor residents, it is possible to include them as dependents in the tax return? my husband filed the 2019 tax return as single because that was what someone in his job told him to do, this is our first year here in the US and he pays a lot of taxes monthly and he even had to pay more than 100 dollar in his tax return.

FYI I am a stay home mom and don't have a SSN

[JotikaT2]

It depends.

In order to file as married filing jointly with your spouse, you will need either an Individual Taxpayer Identification Number or a Social Security number. 

The same information would apply in order for you to claim your children as dependents. 

See the following link for more detailed information. 

Non-citizen spouse and dependent 

If you need to apply for a Taxpayer Identification Number, please see the attached form and instructions to request a number. 

W-7 application 

W-7 instructions 

Please note you can attach the application applying for an ITIN when you file your return. You will not be able to electronically file your return.  It will need to be mailed in. 

As far as filing Single in 2018, you may need to amend the 2018 tax return.  If he was legally married on December 31, 2018, he would only be able to file as Married Filing Jointly or Married Filing Separately.

Amend return

[jugarcia80]

My mother does have a SSN, however she is not a resident alien just yet as her case is processing and delayed. Can I claim her as dependent?

[DoninGA]

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@jugarcia80 wrote:

My mother does have a SSN, however she is not a resident alien just yet as her case is processing and delayed. Can I claim her as dependent?

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If she does not have a SSN or an ITIN issued by the IRS then you cannot claim her as a dependent on your tax return.

[jugarcia80]

She does have a valid SSN