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Old 03-30-2015, 03:26 AM
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Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN

Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN and applied first time in 2011.

I came here in US in Feb11th, 2011 and my wife and son joined me later on July 4th, 2011. My wife and I filed taxes, Married jointly as a resident aliens for 2011. My son is living with us here in USA from 2011.

His total days of presence in US for 2011 was 181 days.

When I filed a federal tax at 2011. I did not get child tax credit of my son as he does not have a ITIN at that time. Can I claim his child tax credit now?

Also If I amend my Federal Tax return do I need to amend my state tax too?



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Old 03-30-2015, 04:29 AM
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Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN and applied first time in 2011.=======>>>>>>> you need to file 104X ASAP;you will need to complete Sch EIC form and attach it to your 1040X to claim the tax credit. The Sch EICs and instructions for previous years are also available on the IRS website. File the Form 1040X and Sch EIC with the IRS. You must only Mail your amended return to the tax processing center listed on the 1040x since you can not efile 1040X. The IRS has three years to give you a refund or two years from the date the tax was actually paid to claim a refund of overpaid taxes from the IRS.For example, your 2011 tax return is due on April 15th, 2012. Add three years to this filing deadline, and you have until April 15th, 2015, to file your 2011 tax return and still get a tax refund. If you file your 2011 return after April 15th, 2015, then your refund expires. It goes away forever because the statute of limitations for claiming a refund has closed.



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Old 03-30-2015, 10:47 PM
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Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN nd applied first time in 2012

His total days of presence in US for 2011 was 181 days. As per the substantial presence test, the total no of days for eligible qualified child must be more than half year to claim a child tax credit. Are 181 days presence is more than Half year?



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Old 03-31-2015, 04:18 AM
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Originally Posted by purilokesh View Post
His total days of presence in US for 2011 was 181 days. As per the substantial presence test, the total no of days for eligible qualified child must be more than half year to claim a child tax credit. Are 181 days presence is more than Half year?
what was your visa status; it depedns onyour visa. were you a US resdient for tax purposes at that time???????



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Old 03-31-2015, 04:40 AM
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Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN Reply to Thread

I am on a work visa H1-B. My wife also came here in USA with my son on July 4th, 2011. My wife and I filled 2011 taxes as resident alien.

While going through substantial presence test in Pub 519 I got to know that if a person never visited USA in immediate previous years they can use next years to determine his residency(Known as First Year choice). I am not sure if the same criterion is applicable for children too? Though My son was present for 181 days in 2011 but he is living with us continuously in USA since 2011.



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Old 03-31-2015, 12:23 PM
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Originally Posted by purilokesh View Post
I am on a work visa H1-B. My wife also came here in USA with my son on July 4th, 2011. My wife and I filled 2011 taxes as resident alien.

While going through substantial presence test in Pub 519 I got to know that if a person never visited USA in immediate previous years they can use next years to determine his residency(Known as First Year choice). I am not sure if the same criterion is applicable for children too? Though My son was present for 181 days in 2011 but he is living with us continuously in USA since 2011.
aslongas you are a US resident for tax purposes, then, yes. you can file joint retun.

in general,Not as a rule. Only those students and scholars in non-resident tax status who are from one of the countries that can claim dependents (Mexico, Canada, Korea and India) can claim the Child Care Tax Credit.



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Old 03-31-2015, 12:27 PM
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Can I claim a child tax credit of previous year 2011 now in 2014, which I did not claim on 2011 as my son does not have ITIN

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Originally Posted by Wnhough View Post
what was your visa status; it depedns onyour visa. were you a US resdient for tax purposes at that time???????
I am on a work visa H1-B. My wife also came here in USA with my son on July 4th, 2011. My wife and I filled 2011 taxes as resident alien.

While going through substantial presence test in Pub 519 I got to know that if a person never visited USA in immediate previous years they can use next years to determine his residency(Known as First Year choice). I am not sure if the same criterion is applicable for children too? Though My son was present for 181 days in 2011 but he is living with us continuously in USA since 2011.



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Old 03-31-2015, 12:44 PM
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Thanks for the information. While amending 1040X for child tax credit, What are the documents need to attach with 1040X. do i need to attach any supporting forms/document for child tax credit too?



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Old 03-31-2015, 10:11 PM
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Originally Posted by purilokesh View Post
I am on a work visa H1-B. My wife also came here in USA with my son on July 4th, 2011. My wife and I filled 2011 taxes as resident alien.

While going through substantial presence test in Pub 519 I got to know that if a person never visited USA in immediate previous years they can use next years to determine his residency(Known as First Year choice). I am not sure if the same criterion is applicable for children too? Though My son was present for 181 days in 2011 but he is living with us continuously in USA since 2011.
While going through substantial presence test in Pub 519 I got to know that if a person never visited USA in immediate previous years they can use next years to determine his residency(Known as First Year choice). I am not sure if the same criterion is applicable for children too?=========>>>> ok as you were married and your wife was with you on a H-4 visa, I guess, you can both choose to be treated as resident aliens, regardless of whether you entered the us before or after July 3rd of 2011. as you arrived before July 3rd,2011, you are already dual-status as said. But if you arrived after July 2nd,2011, then, you would have to use the First Year Choice option and had to file the First Year Choice statement, then meet the requirements for choosing to file as a resident alien as well. These requirements are a non-resident alien at the beginning of the year;are a resident alien at the end of the tax year; are married at the end of the year.Your spouse must join you in this choice.The results/consequences of this choice are; You and your spouse are treated are treated as U.S. resident for the entireyear of 2011 for income tax purposes; You and your spouse are taxed on all of your world-wide income.You and your spouse must file a joint income tax return for 2011.
Neither you nor your wife can make this choice again in later tax years after 2011, even you are divorced, separated or remarried.
Note; H-1, H-1B, L-1 visa holders, being married allows you to file jointly with your spouse. This enables you to claim your spouse's personal exemption and also allows you to claim a double Standard Deduction. Further, filing jointly allows you to claim the Dependent Care Credit which is not available to you if you file separately.


Though My son was present for 181 days in 2011 but he is living with us continuously in USA since 2011.========>>>>>>>>So asllongas you met other requirements to claim your son as your dependent, then as a US resident for tax purposes, you can claim your son on your 2011 reutrn;your son will a need to have an itin. your son must live with you for more than half the year of 2011. More than half a year means, at minimum, six months and one day. If you share custody, you may want to keep a log of where the child spends the night in your calendar.



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