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claiming dependent when filing TAX

Discussion in 'Living in USA On B status and B extension of Stay ' started by rm_72756, Mar 14, 2005.

  1. rm_72756

    rm_72756 Registered Users (C)

    Does Anyone claimed your parents or in-laws as dependent when filing the TAX ? if so, have you got their TIN ? please let me know.

    many thanks !
    raj
  2. shabbu77

    shabbu77 Registered Users (C)

    yes i did

    My inlaws lived with me for 181 days and so they were eligible as my dependents... i did not get the ITIN yet though...i just got my federal taxes just yesterday and hoping i will recieve the ITIN may be in another couple of days or so...
  3. lk1508

    lk1508 Registered Users (C)

    Is it not true that they need to be either green card holders or citizens in order for them to satisfy the criteria ?

    Refer to this answer given by Rajiv Khanna:

    Q23 My parents are in the U.S on Visiting Visa. Recently I heard that I can claim them as my dependents while filing tax returns. Is it true?
    A23 Your parents may be your dependent while visiting you on temporary visa, but you may not be able to claim as your dependent on your tax return.
    To claim an exemption for a dependent, all of the following tests should be met;

    1. Member of Household or Relationship Test
    To meet this test, a person must either:
    Live with you for the entire year as a member of your household, or Be related to you as parents, brothers, sisters, children etc.

    2. Citizen or Resident Test
    To meet the citizen or resident test, a person must be a U.S. citizen or resident, or a resident of Canada or Mexico, for some part of the calendar year in which your tax year begins.

    3. Joint Return Test
    Even if the other dependency tests are met, you are generally not allowed an exemption for your dependent if he or she files a joint return.

    4. Gross Income Test
    Generally, you cannot take an exemption for a dependent if that person had gross income of $2,900 or more for 2001.

    5. Support Test
    Generally, you must provide more than half of a person's total support during the calendar year to meet the support test.

    I think in your case some of the tests may be met but not all, particulary the Resident Test.

    Further, to claim an exemption for a dependent (parents in your case) on your tax return, you must list either the social security number (SSN) or individual taxpayer identification number (ITIN) for the dependent.



    [Index] [Compiled by Law Offices of Rajiv S Khanna]
  4. shabbu77

    shabbu77 Registered Users (C)

    It doesnt say you have to have a GC

    It doesnt say that you have to have a GC.. i guess we have to read more carefully what the "Resident Test" is ... I am pretty sure since we are filing the tax for the current year and also are alien residents we should not have a problem...

    http://www.irs.gov/taxtopics/tc851.html has the information on how an individual on H1B passes the resident test...
  5. rm_72756

    rm_72756 Registered Users (C)

    I have the same questions as lk1508 ....

    shabbu77,

    It is clearly says that the dependend should be a us citizen or resident or canada/maxico citizen. What did you enter for these questions.

    thanks
  6. rm_72756

    rm_72756 Registered Users (C)

    substantial presence test

    Shabbu77,
    are you talking about this ? ???? if so, I didnt clear whether they are looking 183 days including 2004 and 2005 ? or just 2004 only ? can you please clarify ? My mom has completed 6 months. (3 months in 2004 and 3 months in 2005) applied for an extension. If they are looking total 183 days, I can also apply for that isn't it ? please let me know.
    thanks in advance !!

    The IRS link says like this :
    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
  7. kartheg2

    kartheg2 Registered Users (C)

    Applied as non-resident

    I used H & R Block & included my mother last year.

    There was a question in the form asking if the dependent is a citizen or permanent resident. H & R Block entered "NO".

    Got the refund as head of household.
  8. vimkar

    vimkar Registered Users (C)

    I was able to get a TIN # for MY MIL by going to the office directly. I ahd to take her there to sign the documents & show the passport.

    I use turbotax to do my taxes and it clearly states that if you are not a resident of Mexico or Canada you won't be able to claim someone as a dependant. I also checked with a tax consultant and she checked her books & said it is not legal to do so.

    -karthik
  9. MollyOk

    MollyOk New Member

    "Resident" for TAX PURPOSES is different than "resident" for immigration purposes.
    Please go back (tax manuals for 1040) and read the description of what a "resident" means to the IRS (and not the INS or USCIS)

    According to the definition for resident for tax purposes, yes, it is over 183 days. Well before I was in H1-B, or with a greencard, I still owed taxes (on my student visa) to the IRS, as long as I had lived over 183 days within the US. Didn't matter if you were a non-immigrant, you still owed taxes as long as that "resident" definition applied. That is precisely why the same definition will apply for other "residents" that are dependent on you.

    For someone above who said, that their "accountant" said it is illegal to claim their parents, they were wrong!!

    And I know PLENTY of professionals, especially those that don't deal with immigrants on a day to day basis, being cluesless about such things.

    Clarify it for yourself; please don't depend on professionals for such simple explanations.
    Sorry, my 2 cents.
  10. kartheg2

    kartheg2 Registered Users (C)

    I had the same experience. I went to a consultant in the H & R block & she told me I could not include my mother because she is not a permanent resident or Citizen.

    After a few days went back to the same H & R and luckily for me she was busy. Met another consultant who appeared to be the most knowldegable & he said " Of course u can claim your mother as a dependent ".

    I let him do my taxes.

    I believe she has no experience filling income tax for immigrants like me & that is why she did not know.
    Last edited by a moderator: May 4, 2005
  11. kumaranrm

    kumaranrm New Member

    You can claim your parents and relatives, provided .....

    Here is the link to Pub.501 http://www.irs.gov/pub/irs-pdf/p501.pdf

    Take a look at Table 5 on page 10 and read pages 10 through 14. The one and only point that is in disadvantage to us is "You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident, U.S. national, or a resident of Canada or Mexico, for some part of the year."

    To qualify to be a U.S Resident read below:
    We (our parents and In-Laws) fail "Substantial Presence Test" if they were not visiting us for the past three years. Here is the link to Pub.519. http://www.irs.gov/pub/irs-pdf/p519.pdf. See page 4.

    Example. You were physically present in the United States on 120 days in each of the years 2003, 2004, and 2005. To determine if you meet the substantial presence test for 2005, count the full 120 days of presence in 2005, 40 days in 2004 (1/3 of 120), and 20 days in 2003 (1/6 of 120). Because the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2005.

    Thanks!
  12. waitin_toolong

    waitin_toolong Registered Users (C)

    what if you were here for 183+ days in 2005 itself. the 3 yr rule lets you addup the days from previous 3 yrs visits. the stay does not have to extend to last 3 yrs.

    But there is also a provision, that they should not file tax in India/home country for that period.
  13. GrimJudge

    GrimJudge Registered Users (C)

    Claiming parents and in-laws as dependents for tax

    Page No.13 of FTB 501 goes as under:
    Qualifying Relative
    There are four tests that must be met for a
    person to be your qualifying relative. The four
    tests are:

    1. Not a qualifying child test,
    2. Member of household or relationship test,
    3. Gross income test, and
    4. Support test.

    In this there is no residency test for the dependents. If all dependents need to be residents then how you will claim your children who are on H4 can be claimed as dependent? Moreover If you are on H1 then you are not a resident or citizen. Dependency is a test to examine whether or not someone is financially dependent on your income.

    You have to file form F7 and send it to Philadelphis processing center to get the ITIN along with your federal tax return.
  14. waitin_toolong

    waitin_toolong Registered Users (C)

    residency test does not mean green card test. else h1 people will not have to file tax. Residency for tax puroses does not mean the same as green card. there is a substantial presence test for determining resident alien. Find the relevant publication on irs.gov

    and the form is W7
  15. feb6361

    feb6361 Registered Users (C)

    Nonresident Alien or Resident Alien? (for tax purpose)

    All,

    Please read following link in detail which apply to you on how to claim your parents or other relatives as a DEPENDENT for the tax purpose:

    http://www.irs.gov/publications/p519/ch01.html#d0e1317

    Nonresident Aliens
    If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of the two tests described next under Resident Aliens.

    Resident Aliens
    You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31). Even if you do not meet either of these tests, you may be able to choose to be treated as a U.S. resident for part of the year. See First-Year Choice under Dual-Status Aliens, later.


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