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jft

Is the son of my new wife a dependent?

By jft in Tax & Finances During US Immigration

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jft Enthusiast

jft   12

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Filed: K-1 Visa Country: Russia
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My foreign wife and I got married in November 2013 after living together since the beginning of September. We're filing taxes together and treating her as a resident alien. What about her teenage son? He lived with me for just 4 months but of course lived with her all year. TurboTax asks "did he live with you all year?" Is the "you" in this case me or either one of us? I probably provided > 50% of their support in dollars over the year as my wife left her job in mid-July. Is there a way to claim him as a dependent or do I just need to wait until next year?

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CarlosAndSveta Proficient

CarlosAndSveta   808

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Filed: Citizen (apr) Country: Russia
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My foreign wife and I got married in November 2013 after living together since the beginning of September. We're filing taxes together and treating her as a resident alien. What about her teenage son? He lived with me for just 4 months but of course lived with her all year. TurboTax asks "did he live with you all year?" Is the "you" in this case me or either one of us? I probably provided > 50% of their support in dollars over the year as my wife left her job in mid-July. Is there a way to claim him as a dependent or do I just need to wait until next year?

Unfortunately you can't claim your stepson as a dependent since he was not a U.S. citizen or U.S. Resident Alien by the end of 2013. Hopefully your wife and your stepson will become resident aliens this year and you will be able to claim him as a dependent on your 2014 tax return.

I was fortunate to be able to claim my stepdaughter the year she arrived from Russia because she had her green card before the end of the year.

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novedsac Community Regular

novedsac   355

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Unfortunately, the child would have had to have been physically present in the US for at least 183 days in 2013 (less if you could count some days in 2012 and/or 2011 as well) in order to meet the Substantial Presence Test for consideration as a resident alien for tax purposes.

A green card helps simplify things, but is not required as long as you meet the Substantial Presence Test as outlined in IRS Publication 519.

Child must also meet the other criteria for being claimed as a dependent, which are listed and discussed at length in IRS Publication 501.

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