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I am a non-immigrant. My wife and US born daughter lived with me for 4.5 months in the US and were out of the country for the reminder of 2022. Can I claim child tax credit for full year?
AI accountant’s answer:
As a non-immigrant, your eligibility to claim the Child Tax Credit (CTC) depends on your tax filing status and whether you meet the "Substantial Presence Test" for residency purposes. If you are considered a resident alien for tax purposes and meet the other requirements for claiming the CTC, you could be eligible to claim it. To claim the full CTC for your child, the following requirements must be met: 1. Age: The child must be under 17 at the end of the tax year (2022). 2. Relationship: The child must be your son, daughter, stepchild, foster child, sibling, or a descendant of any of these (e.g., grandchild, niece, or nephew). 3. Support: The child must not have provided more than half of their own support during the tax year (2022). 4. Dependent: You must claim the child as a dependent on your federal tax return. 5. Citizenship: The child must be a U.S. citizen, national, or resident alien. 6. Residence: The child must have lived with you for more than half of the tax year (2022). Since your wife and daughter only lived with you for 4.5 months in the U.S, they may not meet the residence requirement for the full CTC. However, there are exceptions to the residency test for temporary absences, including vacations, illness, or education. If your wife and daughter's absence is considered a temporary absence and they still meet the other requirements, you might be able to claim the full CTC. You should consult with a tax professional to determine your eligibility and your specific tax situation.
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Isaiah McCoy, CPA
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