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    asutoshwagh's Avatar
    asutoshwagh Posts: 7, Reputation: 1
    New Member
     
    #1

    Jan 30, 2009, 12:11 PM
    Qualifying child for child tax credit
    I am on L1 and my wife and daughter (4 years old) are on L2 visa in California since June 1st 2008. My queries are as below:
    1) Are we considered as resident aliens?

    2) While filing my return online I get the following question:
    Is this dependent (or qualifying child) a US citizen or resident alien?

    So should I answer "Yes" to this question or "No"

    Thanks in advance,
    Asutosh
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 30, 2009, 03:01 PM
    Asutosh:

    You CANNOT file on-line.

    You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.

    The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

    If you choose this option, you and your wife must sign a memo stating that you BOTH choose to be treated as resident aliens for all of 2008. This signed statement requirement prevents you from filing on-line.

    Also, if your eife and child have no SSN, you will need to submit Forms W-7 with your return to get ITINs for your wife and child. The Form W-7 cannot be filed electronically; it must be mailed WITH the tax return.

    Even with the downside, this is probably the best way for you to file.

    David Kempe

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