[srujanajagan]

My daughter not passed the substantial presence test to get the $1000 child tax credit which is 14 days less than 183 days. Can I file the amendment once my daughter passed the substantial presence test?

[MukatA]

What visa do you have? Which return did you file?
It is not required that your child complete substantial presence test.

[srujanajagan]

Dear MukatA,

My husband and myself came to USA on July 14th 2010 along with my daughter (birth date: 20th September 2009 in India). Since we were in USA in the year 2008 and 2009 (before my daughter's birth), myself and my husband passed the Substantial presence test. But my daughter is entered to USA first time after her birth on 14th July, she failed the Substantial presence test. We are now trying to file our tax return Married filing jointly, we are unable to get the CHILD TAX CREDIT $1000 for my kid because she failed the substantial presence test. I want to know the way forward to get my CHILD TAX CREDIT. Some people are suggesting us to file the tax return in May 2011 since my daughter will pass the Substantial presence test by that time. Please suggest me. Thanks in advance for your suggession.

[srujanajagan]

We came on L1/L2 visas forgot to mentioned in my earlier mail. We haven't filed our tax returns yet. I need your suggestion that we can file the tax return now and upon my daughter passing the substantial presence test, we need to file the amendment? Or shall we wait until my daughter pass the substantial presence test and then we file the tax return?

[MukatA]

It is not required that child passes SPT. You can claim the child and get Child Tax Credit.