Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

Is my scenario. I am working in US from last Feb 2017. My…

Customer Question
Hi I am Preethi...

Hi I am Preethi Here is my scenario. I am working in US from last Feb 2017. My husband visited me as dependent and stayed in US for around 40days. My son visited me as dependent and stayed with me for around 100days Now both of them travelled back to home country. I do not have ITIN for them. Is there a way I can claim for the allowance for my dependents?

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

This is all.

Submitted: 7 months ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 3 minutes by:
12/6/2017
Tax Professional: Barbara, Enrolled Agent replied 7 months ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,376
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

Unfortunately, neither your husband nor your son would qualify to be claimed as a dependent on your tax return.

I wish I had better news for you.

Thank you.

Barb

Ask Your Own Tax Question
Customer reply replied 7 months ago
Thanks.
If they had stayed with me for more than 6 months, would they have been qualified for my returns?
Tax Professional: Barbara, Enrolled Agent replied 7 months ago

Your husband would not be your dependent. You have the choice of filing married filing jointly (with your husband) or married filing separately. If you file married filing jointly with your husband, he would have to report his WORLDWIDE income to the U.S.

As to your son,

There are two types of dependents, each subject to different rules:

For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.

  • Are they a citizen or resident? The person must be a U.S. citizen, a U.S. national, a U.S. resident, or a resident of Canada or Mexico. Many people wonder if they can claim a foreign-exchange student who temporarily lives with them. The answer is maybe, but only if they meet this requirement.
  • Are you the only person claiming them as a dependent? You can’t claim someone who takes a personal exemption for himself or claims another dependent on his own tax form.
  • Are they filing a joint return? You cannot claim someone who is married and files a joint tax return. Say you support your married teenaged son: If he files a joint return with his spouse, you can’t claim him as a dependent.

Qualifying child

In addition to the qualifications above, to claim an exemption for your child, you must be able to answer "yes" to all of the following questions.

  • Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
  • Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
  • Are you the only person claiming them? This requirement commonly applies to children of divorced parents. Here you must use the “tie breaker rules,” which are found in IRS Publication 501. These rules establish income, parentage and residency requirements for claiming a child.
Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barbara Your Own Question
Barbara
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,376
6,376 Satisfied Customers
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.

Barbara is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
I am self-employed and qualify thru the bona fide residence
Hello! I am self-employed and qualify thru the bona fide residence test for the foreign earned income exclusion for 2017 (have not filed yet - have an extension till October.). I remain overseas and a… read more
abci168
abci168
Principal
27 satisfied customers
I have a question about my taxes. I am a resident of
I am a resident of California and I started a job which required me to move to New York. It is a 3 year contract and I work seasonally. So I spent have of last year in NYC. Can i deduct my rental apartment? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
This questions is regarding the -business- deductibility of
This questions is regarding the -business- deductibility of living expenses (groceries, air travel, taxi, car rental) while living abroad for 9 months during 2017.-----I have a California single membe… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I came from India on work visa in Feb. 2017. My wife and son
I came from India on work visa in Feb. 2017. My wife and son came in Sept. 2017. How do I file tax return? Can I get ITIN for my wife and son? … read more
Carter McBride
Carter McBride
LLM
1,188 satisfied customers
My son, who is in his late 20s, claims our WV residence as
My son, who is in his late 20s, claims our WV residence as his address effective late Feb. Since late Feb., he works every other week in AZ and pays a per diem to live there. He has paid AZ state tax … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
A U.S citizen ,iTin for immediate family residing overseas
A U.S citizen ,iTin for immediate family residing overseas keeps getting rejected due to documentation. Can you advice. I am in the U.S military I am trying to get my wife and son's iTin but it keeps … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Foreign earned income tax exemptions. My husband started
foreign earned income tax exemptions. My husband started working in the UAE in February 4, 2017. How many days is he allowed to physically visit the USA in a 12 month period to be qualified for the ex… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
How to get taxes when I have not met the 6-month visa rule?
I was working in OZ and now in Thailand. I tried to claim my tax back and I am 10 days short from 6 months. My visa expires end of April 2017. I want to go back to OZ to claim my tax but is there a sp… read more
Barbara
Barbara
Enrolled Agent
6,376 satisfied customers
I have a client who married a foreign lady mid 2015, and she
I have a client who married a foreign lady mid 2015, and she has not been approved yet for immigration to the US. She did visit for a few months. She has no Soc Security No. The husband is trying to g… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Can we apply for tax ID for a dependents of a USA citizen
Hi, Can we apply for tax ID for a dependents of a USA citizen who lives overseas. The kids live with the taxpayer all year long but just not in the USA. The don't have social security numbers and the … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I have a tax client, husband and wife with a joint return,
I have a tax client, husband and wife with a joint return, that have a son born at their home in Laverne, California on 3/5/14. They have applied for, and are waiting for his birth certificate to be i… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
I live in USA. But my baby was born in foreign country in 2011
I live in USA. But my baby was born in foreign country in 2011 and the baby has been living with my wife since then in foreign country and will come to USA this year. In this case can I apply for my s… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
My 11 year old son lives with me and is my dependent. I have
My 11 year old son lives with me and is my dependent. I have little income this year and it has been suggested that I might allow my ex-wife to claim a tax credit to her tax return as our six year old… read more
winktax
winktax
Enrolled Agent
Master's Degree
349 satisfied customers
Hi, I have 2 tax questions: 1) I married my wife in Feb.
Hi, I have 2 tax questions: 1) I married my wife in Feb. 2011 in another country. We are working on her immigration visa, but as of yet, she is not living with me in USA. She also does not yet have he… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
i applied for the itin of my son and my two stepsons that I
i applied for the itin of my son and my two stepsons that I support financially but they live outside the u.s.a for now, and the irs sent me a notice per each one of them asking about their date of en… read more
Wendy Reed
Wendy Reed
Master Tax Advisor Enrolled Agent
Master's Degree
60 satisfied customers
I live in Oklahoma. My divorce decree states that my ex husband
I live in Oklahoma. My divorce decree states that my ex husband and I would alternate years claiming our son on taxes. Our son is 21 and is a junior in College. I am head of household and my address i… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
i married in august, she is still in china and has 12 and ...
i married in august, she is still in china and has 12 and 19 year olds, can I claim as dependants… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
My x-husband stopped paying child support last May for my ...
My x-husband stopped paying child support last May for my son who graduated highschool. He lives only with me, not even visiting his Dad. I had signed the papers allowing my x to claim him as a depend… read more
RD
RD
Self Employed
Master's Degree
1,164 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x