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querier
Feb 20, 2009, 01:22 PM
Please...
Need advice so I can withhold taxes accordingly..

Family members:

My Wife - Was a resident alien until May end 2007. Not been here since then.
Child Girl 1 - US Citizen - Born 2004. Lived here until May end 2007.
Child Boy 2 - Born overseas - July 2007 - never been to US.


None of us have Green Card. I am a resident alien.
All three coming to US for 3 months vacation this year.

By mistake I filed as Single for 2007 and owe money to IRS. I want to amend it.
How do I file for that year (partially familiy was here and also new kid was born overseas) - How many dependants do I claim. Also advise on filing for 2008.

THANK YOU, VERY MUCH!

MukatA
Feb 21, 2009, 05:02 AM
For 2007 you can file joint return as residents and claim your child girl as dependent. You must both report your worldwide income for 2007.

Same for 2008.

AtlantaTaxExpert
Apr 20, 2009, 03:02 PM
For 2007, MukatA is correct.

For 2008, not quite. You can file jointly with your wife and claim the child who is a U.S. citizen as a dependent, but NOT the foreign-born child.

To claim the foreign-born child as a dependent, the child must spend at least SOME time in the U.S. in 2007 and 2008.

For this reason, you CANNOT claim the child as a dependent on EITHER the 2007 or the 2008 tax return.