Ask Experts Questions for FREE Help !
Ask
    hotsun's Avatar
    hotsun Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 24, 2008, 02:06 PM
    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.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jul 24, 2008, 08:32 PM
    First check the requirements to claim your parents as dependents under Qualifying Relative:
    Your U.S. Tax Return: Requirements for claiming a dependent
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jul 25, 2008, 05:17 AM
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Re-applying ITIN application for H4 [ 7 Answers ]

Hi, I filed my taxes through H&R block in April along with my wife's ITIN application manually through paper not e-filing.I got a rejection letter from Dept. of Treasury stating that the reason for rejection is that they do not authorize the person who filed ITIN application as acceptance agent....

For applying ITIN for my wife [ 1 Answers ]

Hi, I am in U.S now with expired H1 visa (with I94 extension). I lived with my wife in U.S in 2007, and she left to india in nov 2007 and she is in india now and also her visa got expired. 1. My wife is not in U.S now and her H4 visa also expired and she doenot have a SSN. So for applying...

Applying for ITIN [ 1 Answers ]

I am on H1B and my wife on H4. I shall be filing for taxes as married jointly. I have learned that my wife will need an ITIN since she is not eligible for SSN. Got a couple of queries regarding this. 1) How do I apply for ITIN... I read it somewhere that I need to fill W7, attach a notarised...

Substantial Presence Question [ 5 Answers ]

Hello All I came to United States on September 15th , 2005 on F-2( Dependent) visa with my husband, On November 30th my L-1 got approved and I started working for a company on 13th December. What form should I feel, 1040-NR or 1040 Please advise, and Can my husband claim me a dependent...

View more questions Search