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View Full Version : Do I qualify as a resident, what of my Children?


amokwu
Mar 3, 2009, 01:15 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 before 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, 01:41 PM
I forgot to add that I am on an F1 Visa.

IntlTax
Mar 3, 2009, 03:06 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, 02:57 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, 06:45 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, 06:47 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.