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Old 10-12-2012, 12:09 PM
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Dependent Claim for yr 2009

Hello,
I filed my 2009 tax return under "Other married nonresident alien" along with ITIN application. Since the ITIN was rejected due to insufficient doc therefore received adjusted amount. Now that i have an ITIN, what forms do i need to fill to claim for dependent for yr 2009.
This yr my preparer filed tax return for yr 2010 for claiming dependent by just filling out the new 1040 NR and did not amend it (1040X).It was accompanied by 2010 1040 NR submitted copy and CP12 letter stating the adjusted return for reference for yr 2010 and copy of ITIN.I received the amount.
My question is I have to claim the dependent on 2009 returns what forms do I need to fill.(D0 I fill ot 1040X,neew 1040NR & 8843 )just do the same as preparer did for yr 2010 .Its similar as I am just asking for dependent claim but I do not have CP 12 notices to support except the account transcript which I ordered online.

Thanks for your patience in answering !



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Old 10-13-2012, 06:57 AM
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Join Date: Oct 2010
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My question is I have to claim the dependent on 2009 returns what forms do I need to fill.(D0 I fill ot 1040X,neew 1040NR & 8843 )just do the same as preparer did for yr 2010 .Its similar as I am just asking for dependent claim but I do not have CP 12 notices to support except the account transcript which I ordered online.====It depends on the situation; generally, You , as a non resident alien, can not claim another non resident alien as your dependent. HOWEVER, if you are a nonresident alien engaged in a trade or business in the US, you can claim only one personal exemption ($3,700 for 2011). ALSO,you may be able to claim an exemption for a spouse and a dependent if you are a resident of South Korea, Mexico or Canada, or Japan , India. If this is your case, I mean, as long as you can claim him/her as your dependent on your US return, then you need to fileyour amended return. If you find changes in your income, deductions, or credits after you mail your return, file Form 1040X. Attach Form 1040NR showing the changes to your original return and write "Amended" across the top. Ordinarily, an amended return claiming a refund must be filed within 3 years from the date your return was filed or within 2 years from the time the tax was paid, whichever is later. A return filed before the final due date is considered to have been filed on the due date.All students, teachers, researchers, professors or trainees, and their spouses and dependents, who were admitted to the US on an F, J, M or Q visa, must file Form 8843, even if there was no U.S. earned income. They must file Form 8843 if they were present in U.S. in 2011 nonresident alien for tax purposes .If you had no U.S. source income, Form 8843 is the only form you need to file.If you had U.S. source income, you must attach Form 8843 to your 1040NR-EZ or 1040NR form. Otherwise, it should be sent by itself.ALSO, your spouse and each dependent for whom you claim an exemption must have either an SSN or an ITIN.



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