Marie Posted April 13, 2020 Report Posted April 13, 2020 Worker has a us visa, and a social security carn valid for work only with DHS authorization. He has a wife and child, who both have itins, but live in Mexico. He lives in the united states and has for at least 3 years. Do I file them joint? with child as dependent? does child only get the $500 credit for a dependent since the child doesn't live in the US? Any other things I sh ould ask? Quote
Marie Posted April 13, 2020 Author Report Posted April 13, 2020 does no one do these? lots of view, no opinions. please, I need some guidance Quote
Pacun Posted April 14, 2020 Report Posted April 14, 2020 The problem is that there is no clear answer for this situation. A US citizen whose wife is living in another country can file jointly provided they sent a letter to the IRS stating that they both are willing to treat the non-resident as resident for tax purposes and they report their global income. Yes, he can claim his child in Mexico if he provided more than 50% of his support. The credit is only $500 since the child didn't live with him for more than 6 months in the US. Keep in mind that the child will not qualify for the $2,000 even if in the US but not living with the father and ALSO ITIN dependents are limited to $500 benefit. Keep in mind that your client will get $1,200 stimulus if he doesn't file with his ITIN wife. Quote
Marie Posted April 14, 2020 Author Report Posted April 14, 2020 so should he married filing separate? Quote
Pacun Posted April 14, 2020 Report Posted April 14, 2020 1 hour ago, Marie said: so should he married filing separate? That will be the most conservative way of filing and the one that will not be challenged by the IRS. On the other hand, your client would benefit better if he files jointly because most wives don't work. Quote
mircpa Posted April 14, 2020 Report Posted April 14, 2020 File married filing jointly & include W7 for his wife & kids & in 1040 dependent info clearly indicate kids are not present in US & go from there. You would have to get 1040 signed from his wife & W7. W7 for kids can be signed by taxpayer. You might have to enclose certified copy of some identification documents like passport, etc. I don't know in these circumstances how will they be able to manage to get it from home country. Quote
ILLMAS Posted April 14, 2020 Report Posted April 14, 2020 I like the threads’ title, very unique. Quote
Marie Posted April 14, 2020 Author Report Posted April 14, 2020 IF i FILE HIM MFS, CAN I STILL PUT THE CHILD AS A DEPENDENT AND CLAIM THE $500 TAX CREDIT? SORRY ABOUT THE TITLE Quote
Pacun Posted April 15, 2020 Report Posted April 15, 2020 On 4/13/2020 at 10:07 PM, Pacun said: Yes, he can claim his child in Mexico if he provided more than 50% of his support. Quote
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