Ask Experts Questions for FREE Help!
 

Free Answers in 3 Easy Steps

Register Now
3 Steps
 


Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.
  Answer this Question    Ask about Taxes    Ask about another Subject  
 

amokwu
Mar 3, 2009, 12:15 PM
According to the substantial presence test I should qualify as a resident for tax purposes since I came to the US in 2006 with my children. However I am told that internatinal students must wait 5 years befor they qualify. Which of these is right? I really want to claim my children - I pay a substantial amount for daycare each month and I have always filed as a single non-resident alien. Can I now file as a resident and claim my children?

amokwu
Mar 3, 2009, 12:41 PM
I forgot to add that I am on an F1 Visa.

IntlTax
Mar 3, 2009, 02:06 PM
You do not qualify as a resident alien. You must file as a nonresident alien until 2011 (unless you change your visa status before then).

MukatA
Mar 4, 2009, 01:57 AM
On F1 you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

Your income is not subject to FICA taxes but you must pay federal and state income taxes.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

amokwu
Mar 4, 2009, 05:45 AM
Thanks! I guess this means that I cannot file a joint return with my spouse and that we cannot claim our children...?

IntlTax
Mar 4, 2009, 05:47 AM
Correct.

AtlantaTaxExpert
Apr 28, 2009, 10:49 AM
If you are from Mexico, Canada, India or South Korea, you CAN claim your wife and children as dependents on Form 1040NR.