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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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My stepdaughter came to the States last April with a K2 visa

Customer Question

My stepdaughter came to the States last April with a K2 visa and was declined for SSN application. How can I claim her as independent in my tax return
JA: Thanks. Can you give me any more details about your issue?
Customer: Without an SSN, I cannot claim her as a dependant
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Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.
If you file a joint tax return with your spouse and you want to claim your stepdaughter as a dependent on your tax return - she MUST have either SSN or ITIN.If she is NOT eligible for the SSN - you would need to prepare an application for ITIN for your stepdaughter - and file your tax return as an attachment to that W7 form.Let me know if you need any clarification this matter.
Customer: replied 1 year ago.
But without her SSN, my accountant cannot put her as dependent therefore there is no tax credit to be deducted at the very beginning
Expert:  Lev replied 1 year ago.
That ids correct- without have any tax ID - you would NOT be able to claim her as your dependent- and without valid SSN you would not be able to claim some deduction and credits for your child.So if for some reasons she is not eligible for SSN - you may apply for ITIN for her - and that will allow to claim her as a dependent - but will not allow you to claim a child tax credit, and some other credits.If however - she is eligible for SSN - you would nee to workout that with teh Social Security Administration and get SSN for her.As we have very limited time before the filing deadline - you might consider either - apply for ITIN OR- do not claim her at this time and amend your tax return later, OR- file for the extension and you will have additional 6 moths to get her tax ID - and will file your tax return after that. If you need any clarification this matter - please let me know.
Customer: replied 1 year ago.
This is the dilemma. I could not get SSN currently and could not apply for ITIN either since she just came to join me since April 2015 and she was not my dependent on my return 2014. Are you saying I cannot claim her as dependent at all for Year 2015 return?
Expert:  Lev replied 1 year ago.
You CAN claim her as dependent - but to do so - we need to have a tax ID for her - either SSN or ITIN.That is a technical issue to obtain the tax ID.So as soon as you have a tax ID - you may claim her on your 29015 tax return.