IR2 immigrant children immigrated in September

[Vytra 9]

Can me and my wife claim them as dependents when we file taxes next year even though they would have lived with us fewer than six months of the year (not by choice, but because they only received their visas in August of this year)? I read that there is supposedly an exemption for greencard holder immigrant children or something like that...

[SalishSea 17,971]

5 minutes ago, Vytra said:

Can me and my wife claim them as dependents when we file taxes next year even though they would have lived with us fewer than six months of the year (not by choice, but because they only received their visas in August of this year)? I read that there is supposedly an exemption for greencard holder immigrant children or something like that...

I believe you can claim them, as long as no other US taxpayer claims them.  Paging @pushbrk

[Vytra 9]

12 minutes ago, Jorgedig said:

I believe you can claim them, as long as no other US taxpayer claims them.  Paging @pushbrk

Nobody else would claim them. We were just unsure because the IRS says, "To be a qualifying child for the EITC, your child must live in the same home as you in the United States for more than half of the tax year" or "Lived with you more than half of 2021 (temporary absences, such as for school, vacation, or medical care, count as time lived in the home)"

Edited September 27, 2022 by Vytra

[pushbrk 12,999]

13 minutes ago, Jorgedig said:

I believe you can claim them, as long as no other US taxpayer claims them.  Paging @pushbrk

I would claim them but I'm not a tax expert. 

[arken 4,197]

If you and your wife will be filing the joint return, the minor kids can be claimed as dependents even if they immigrate on December.

[Just Paul 4,595]

2 hours ago, Vytra said:

"To be a qualifying child for the EITC, your child must live in the same home as you in the United States for more than half of the tax year"

EITC is the Earned Income Tax Credit.   That is different then claiming them as a dependent.

[Chancy 6,243]

*** Moved from Bringing Family of USC forum to Tax & Finances During US Immigration -- topic is about filing taxes with dependents ***

 

[Wuozopo 4,293]

12 hours ago, Vytra said:

Can me and my wife claim them as dependents when we file taxes next year even though they would have lived with us fewer than six months of the year (not by choice, but because they only received their visas in August of this year)? I read that there is supposedly an exemption for greencard holder immigrant children or something like that...

Yes you can claim them if they are minors. Presumably you provided over half their support (which the IRS won’t be asking you to prove). And more importantly, there will not be another US tax return filed where another parent will claim the same two kids with the same SSNs. Your return will sail past computer checks.

 

If they are older or married, then other rules may apply. 

[Vytra 9]

8 hours ago, Wuozopo said:

Yes you can claim them if they are minors. Presumably you provided over half their support (which the IRS won’t be asking you to prove). And more importantly, there will not be another US tax return filed where another parent will claim the same two kids with the same SSNs. Your return will sail past computer checks.

 

If they are older or married, then other rules may apply. 

Would they still be eligible for the EITC?

[arken 4,197]

7 minutes ago, Vytra said:

Would they still be eligible for the EITC?

If your income is low enough, you (not them) qualify for EITC. Of course EITC increases if you have them as dependents on your tax return. 

[Vytra 9]

47 minutes ago, arken said:

If your income is low enough, you (not them) qualify for EITC. Of course EITC increases if you have them as dependents on your tax return. 

Yes, but they immigrated in the latter half of the year. The IRS says that they must have lived with you for at least half of the year....I am not sure if this would be an exceptional case since they immigrated in September. 

[JeanneAdil 6,583]

same as a baby born December 31 before midnight ,  u get to claim them for the whole year (if minors)

 

As far as EITC,  you need to see the 2022 rules 

rules do change from year to year and IRS likes to take deductions away from us

 

We use to be able to deduct all interest (personal loans,  credit cards,,  car loans, etc) and that was taken away in 1986

then they took away personal dependent deduction till from 2018 to 2025 when they passed the Tax Cuts and Jobs Act in lieu of deductions to help low income households tax breaks