Ask Experts Questions for FREE Help !
Ask
    priya182010's Avatar
    priya182010 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 11, 2011, 09:13 AM
    Dependent parents
    Hi,

    Me and my husband are on H1B and file Married filing jointly. We havea child dependent.
    Both of our parents live in India. My parents visited us in 2009 for 6 months , my in-laws visited us from Nov 2009-May 2010 for 6 months. Now my parents are in US from Dec 2010 to May 2011 (Not 31 days in 2010).

    Can I claim them as dependents? Also can I do amendment for 2009 tax to claim them as dependents. Should they pass Substantial presence test for 2009 and 2010? Also my dad files tax in India. Not sure about my father-in-law. My mom doesn't file and also my mother-in-law doesn't file tax.

    Do I need ITIN for them to file the tax? If so, my parents-in-law are in India now, can we get a copy of their passport (notarized in India?)
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
    		  
    #2

    Mar 11, 2011, 09:19 AM

    No, you cannot claim a parent or in-law as your dependents unless they meet all the following conditions:

    1. The person’s gross income must be less than $3,650.
    2. You must provide more than half the person’s support for the year.
    3. The dependent must be a US citizen, US resident alien, US national, or resident of the Canada or Mexico.

    It seems your parents and in-laws don't meet the 3rd criteria.
    priya182010's Avatar
    priya182010 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 11, 2011, 10:03 AM
    Thank you for your answer.

    They were in US for 186 days in 2009. I think my parents-in-law can't pass Substantial presence test. But I guess my parents will pass it for 2009 and probably for 2011. They didn't stay for 31 days in 2010, so they can't pass it for 2010.

    I provide more than half their expenses. Does their income in India count at all? Also does their tax situation (filing tax) in India account at all?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
    		  
    #4

    Mar 11, 2011, 10:47 AM

    Their income in India does indeed count - the person's total, world-wide income must be less than $3650 for the year. Their tax filing status in India doesn't matter.

    Are you saying that your parents have resident alien status?
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!

Claim dependent parents [ 1 Answers ]

I wanted to verify with you whether I can claim my parents as dependent? They live in India but travel to USA alternate year on visitors visa. As per IRS publication of residence test, they qualify of collective stay of more than 183 days based on 3 year period (180 days in current year, 1/3 of...

Can I get earned income for my dependent parents? [ 3 Answers ]

Last year I claimed both of my parents as dependents but I was wondering if I can also get earned income credit for them? They are both disabled and living with me.

Claim my parents as dependent [ 2 Answers ]

Can I claim my parents as a dependent in my tax retrun for this year (2007). They are alien residents, they have SS#, and they lived with me half of the year. They had no income. Thanks

Claim GC holder parents as dependent [ 3 Answers ]

Hi, I want to claim my green card holder parents as a dependent but they came in August 07to USA and so they are failing substaitial presence test. I am on H1B visa. I think they will be dual status alien. I was wondering is there anyway I can claim them as dependent.

Imp: parents as dependent [ 1 Answers ]

Hi, I am on H1B in US, working in GM. I have sent some amount of money to my parents In India for 2006. My lawyer suggested me I can fill up form W-7, putting my parents as dependent and get some refund back. I am not sure if it can be done. My parents have an Indian passport (no visa) and...

View more questions Search