Taxpayer filed a 1040NR Return for the TY 2008. He now wishes to file an amendment from NR Return to Dual Status Tax Return as he meets the conditions of First Year Choice Test as per Pub 519. The question is, Can the taxpayer take the Child Tax Credit for his dependent on his Form 1040 (Dual Status Return).

Thanks
Vemuri

Vemuri:

If the taxpayer is married, then he/she can file jointly with their spouse and both CHOOSE to be treated as resident aliens. If the child spent at least part of 2008 in the U.S. then they CAN claim the Child Tax Credit.

However, if the taxpayer is single with a child, and thus can ONLY file as a dual-status alien, the Child Tax Credit is NOT available to him/her UNLESS the child is a U.S. citizen.