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reyndir · Jan 30, 2008, 11:29 AM

Hi,

I am an H1B, I came here in US June 2007, I have wife and kids in the philippines, I have apply them for H4 but still pending.

Can I claim them as my dependents? If yes, what are the documents I need to do that.

Thanks,

Reyn

AtlantaTaxExpert · Jan 30, 2008, 03:52 PM

You can file jointly with your wife, which means you BOTH choose to be treated as resident aliens for ALL of 2007.

That means that ALL 2007 world-wide income becomes subject to U.S. taxes.

But this also allows you to claim your children AND claim the $1,000 Child Tax Credit.

If you need professional tax help, send me a Private Message.

reyndir · Jan 31, 2008, 06:23 AM

What documents I need to claim them as dependents? Is the passport enough since they don't have H4 stamping. It's still pending.

Thanks

AtlantaTaxExpert · Feb 1, 2008, 10:43 PM

The passport is fine.

MukatA · Feb 2, 2008, 08:38 AM

With your tax return, you will attach forms W7 for your wife and children. You will need professional help as stated by AtlantaTaxExpert.

AtlantaTaxExpert · Feb 3, 2008, 07:28 PM

Agreed.

reyndir · Feb 7, 2008, 10:10 AM

Hi,

How about on my state income tax filing, can I also claim them as dependents? Do I need to send another copy of W7 for them?
Thanks

AtlantaTaxExpert · Feb 12, 2008, 02:23 PM

Once the ITINs are issued, the IS will mail you a letter containing the ITINS under separate correspondence.

You can then use the ITINs to file your state tax return(s).

reyndir · Apr 18, 2008, 10:19 AM

Hi,

IRS sent me an approval for my wife's ITIN, but requested the date arrived in US for my kids before they can approve their ITINs. My kids are still in the Philippines, What should I do?

AtlantaTaxExpert · Apr 18, 2008, 10:48 AM

Okay, it seems that the IRS ITIN personnel MAY be using standard residency criteria to determine if you can claim them as dependents.

Tell them the truth: that the children are IN the Philippines and that you are acting on advice from the IRS International Tax Hotline to claim them as dependents.

reyndir · Apr 18, 2008, 11:52 AM

Would they be still approved for ITIN?

Thanks

AtlantaTaxExpert · Apr 18, 2008, 12:12 PM

Unknown for sure, but I suspect probably NOT.

There is no real written guidance on this issue. I have been advising people to claim their children, even if NOT in the U.S. based on telephonic guidance received from the IRS International Tax Hotline in 2007.

The Texas Tax Expert · Apr 19, 2008, 12:59 PM

Originally Posted by AtlantaTaxExpert

Unknown for sure, but I suspect probably NOT.

There is no real written guidance on this issue. I have been advising people to claim their children, even if NOT in the U.S., based on telephonic guidance received from the IRS International Tax Hotline in 2007.

I've answered this issue before. If the children are not US residents/citizens or residents of Mexico or Canada, then they should not be claimed as dependents. They do not qualify. There is an election for the spouse to claim residency but no such election for the children.

AtlantaTaxExpert · Apr 21, 2008, 11:31 AM

I must reluctantly agree with TTE. Several clients have reported that the IRS is rejecting ITIN requests for children who are not located in the U.S. so I am adjusting our tax return submissions accordingly.

isabelaboy3320 · Apr 20, 2010, 02:11 AM

Children in the philippines cannot be claim as a dependent unless they're U.S. citizen because I try to apply for my kids for ITIN with all the document IRS is asking and got rejected however my Wife is approve for ITIN which is good enough better than nothing!

AtlantaTaxExpert · Apr 21, 2010, 01:15 PM

The general rule I have applied for the past two tax seasons is that the children must be located in the U.S. at least ONE day in the calenday tax year to be claimed as a dependent on that calendar year's tax return. The ITIN Processing Center has issued ITINs for children who have been in the U.S. for only a few days under that criteria.