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-   -   Applying ITIN for my in-laws based on substantial presence? (https://www.askmehelpdesk.com/showthread.php?t=241229)

  • Jul 24, 2008, 02:06 PM
    hotsun
    Applying ITIN for my in-laws based on substantial presence?
    Hi,

    My in-laws came to US on visitors visa. They meet the SUBSTANTIAL Presence requirement. (at least 31 days in 2008 and total of 183+days (all days of 2008, 1/3 days of 2007, and 1/6 days of 2006))

    I wanted to apply for ITIN for them. On the W-7 form what option should I use under "Reason for submitting the form W-7"?

    Can I use "Dependent od US Citizen/resident alien" option?

    Please advise. Thanks in advance.
  • Jul 24, 2008, 08:32 PM
    MukatA
    First check the requirements to claim your parents as dependents under Qualifying Relative:
    Your U.S. Tax Return: Requirements for claiming a dependent
  • Jul 25, 2008, 05:17 AM
    AtlantaTaxExpert
    I called the IRS and asked if meeting the Substantial Presence Test is enough to claim in-laws as dependents.

    They said YES, provided you have provided MORE than half of their total support.

    Use the "Dependent of US Citizen/resident alien" option.

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