We have a child and he is not able to work because he has no social, how can I file him as my dependent on my taxes? Does anyone have any idea? Or have done this themselves before?
2006-12-13 11:17:23 · 6 answers · asked by dizzyas_02 2 in Business & Finance ➔ Taxes ➔ United States
A taxpayer can Never file their spouse as a dependent on a tax return.
You would most likely file a married-filed separate return claiming your child as a dependent.
The problem is... with a MFS return, you Must list your spouse's name and social security number.
You can file for a taxpayer ID number but if he's not a resident )no other information provided about him), it's going to be tough to file a return.
You'll need to talk to a attorney about this matter especially one that deals specifically with immigration issues.
2006-12-16 16:10:16 · answer #1 · answered by MrMojo1 5 · 0⤊ 0⤋
As long as you are married, you will need to either file a joint tax return, or file as a married person filing separately. Your husband's immigration status will not change this fact one way or the other, as long as you both live in the US. If you have a child, I'm betting that filing a joint return will get you a better result.
A spouse (your husband) can never be your dependent on your tax return, you will file together. If he cannot get a Social Security Number, you will file the return without the number, then you will attach an application for an IRS Tax ID Number with your regular tax return (a Form W-7). You will need to attach certified copies of one or two types of ID to this application, and send it all in to the IRS with your tax return. The list of acceptable ID is listed in the instructions for Form W-7.
There will be extra forms to fill out, but filing the return properly will be worth the work. The IRS will send you any refund you will have coming due to you, and will send your husband a ITIN card. This new number can be used in future years for filing tax returns in place of a SS Number, and there will be no hassle in the future.
2006-12-13 20:37:07 · answer #2 · answered by Bryan 2 · 0⤊ 0⤋
If your husband does not qualify to obtain a SSN, I assume that he is neither a US citizen nor a US green card holder? If he holds a green card, he needs to file for a SSN with the Social Security Administration. If he cannot get a SSN because of the above, then he will need to file with the IRS for an ITIN (Individual Taxpayer Identification Number).
As long as he has been present in the US for more than 183 days over a 3 year period, he is considered a tax resident of the U.S. beginning with the first day in the current calendar year that he is present in the U.S. As a tax resident, he can be claimed as a dependent on your return. You should be filing married filing joint. You can contact me if you need more help on this
2006-12-13 15:03:00 · answer #3 · answered by jseah114 6 · 0⤊ 0⤋
To claim a dependency exemption for a qualifying relative, the following dependency tests must be met:
1. The member of household or relationship test,
2. The citizen or resident test,
3. The joint return test,
4. The gross income test, and
5. The support test.
Your spouse is never considered your dependent.
The preceding sentence is copied directly for the IRS explanation of the 'member of household or relationship test'.
If you are eligible to file a joint return, you still get the personal exemption for him which is what you really mean be claiming him as a dependent.
As I read the rules, your husband must qualify as a resident alien at the end of the year to allow you to file a joint return. The second link below is the US Tax Guide for Aliens. It may help determine how your husband is classified.
2006-12-13 12:02:42 · answer #4 · answered by STEVEN F 7 · 1⤊ 0⤋
I assume that he's an illegal alien, since he doesn't have a social security number. If he's NOT an illegal, simply go down to the local INS office and register to get an SSN.
If he's illegal you're SOL. Why should someone get a tax break for doing something illegal?
My cousin went through legal channels, was a legal alien, worked hard and contributed to the tax rolls, and it took OVER 9 YEARS for him to become a citizen. Why should someone who comes here illegally get preferred treatment?
2006-12-13 11:26:32 · answer #5 · answered by Peter S 3 · 2⤊ 0⤋
Even if he is legal, he is probably considered a "nonresident alien." You cannot claim married, nor can you claim him as your dependent.
2006-12-13 11:33:57 · answer #6 · answered by texascajun82 2 · 0⤊ 0⤋