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    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #1

    Feb 1, 2017, 05:46 PM
    First year choice for Child only
    Hi Experts,

    I have a question on making the first year choice for my child. My wife and I are Resident aliens for Tax purpose. Our daughter came to US on Nov 2016.

    I am trying to find out whether we can make the first year choice ONLY for my daughter with my filing (or) the first year choice for the dependent(child) is only valid if one of us is also making the election?

    https://www.irs.gov/pub/int_practice_units/JTO9431_02_11.PDF
    https://www.irs.gov/pub/irs-pdf/i1040s8.pdf

    (1) the individual making the electionqualifies on his or her own behalf, (2) the child qualifies for the electionand (3) the child does not have an income tax filing requirement for theelection year.

    If Yes, Can I claim dependent exemption and also the child tax credit

    Please Advise. Appreciate your time and Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 1, 2017, 05:51 PM
    First Year Choice applies to the child even if both parents do not need to make that election. No statement s requirement, but you must WAIT until the child meets the Substantial Presence Test before you can claim him as a dependent.

    That means you will have to wait until sometime in June to file your return.
    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #3

    Feb 1, 2017, 06:41 PM
    Thanks for the reply. To be on the safer side is it Ok attach the first year election letter for my child?

    Will I be able to claim dependent exemption and child tax credit?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Feb 1, 2017, 07:11 PM
    If you want to attach the statement, go ahead.

    And, yes, the child DOES qualify for the dependent exemption and Child Tax Credit.
    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #5

    Feb 1, 2017, 07:24 PM
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Feb 1, 2017, 10:40 PM
    Glad to help!
    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #7

    Feb 4, 2017, 09:53 AM
    I need to also apply for ITIN so should I attach the first year choice statement for my child to form w7 along with necessary documents (certified copy of passport/ tax return) and send it to ITIN division address?

    What should I enter in ITIN field for my child in tax return? I am using Taxact is there any dummy ssn I should use?

    I am planning to file for extension to wait until June to make the choice. Can I use directpay and pay my balance does that automatically provide extension or should I file the form 4868?

    Thanks for your time
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Feb 4, 2017, 04:31 PM
    You should leave that field blank.

    Enter a dummy SSN in the "Dependent and Qualifying Person" worksheet, then OVERWRITE it on the Form 1040 by blanking it out. When you print the Form 1040, the SSN field prints as BLANK, yet the tax calculations remain the same.
    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #9

    Feb 21, 2017, 05:13 PM
    Is there any specific order I should attach the first year statement, ITIN W7 form, Certified copy of passport, W2, 1099 and Tax return while filing paper return?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #10

    Feb 21, 2017, 08:52 PM
    Staple the certified passport copy to the Form W-7.

    Staple the Form W-2 to the front of the tax return.

    Forms 1099 typically are NOT submitted with the tax return UNLESS they show withheld income taxes.

    Paper-clip the W-7 to the tax return, then mail to the address in the Form W-7 instructions.

    Expect the ITIN process to take at least six weeks, and probably two months.
    itsfighter's Avatar
    itsfighter Posts: 21, Reputation: 1
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    #11

    Feb 24, 2017, 06:06 PM
    Thanks a Lot. Appreciate your time and answers.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #12

    Feb 24, 2017, 07:48 PM
    Glad to help!

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