Filing for children that live overseas

[Neiru]

What is the name of your state (only U.S. law)? Florida

My sons live overseas. They are 3 and 1 years old. They will get their social security numbers very soon. Can I finally put them as dependents when I file this year? And will I get a decent return this year? I still can't put my wife because she doesn't have a social security number, but she and the kids should be in the United States at the end of this year.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Florida

My sons live overseas. They are 3 and 1 years old. They will get their social security numbers very soon. Can I finally put them as dependents when I file this year? And will I get a decent return this year? I still can't put my wife because she doesn't have a social security number, but she and the kids should be in the United States at the end of this year.

How do the wife and children support themselves while they live abroad?

 

[TinkerBelleLuvr]

He should be able to apply for an ITIN while waiting for the paperwork to allow him to file jointly.

 

[Neiru]

How do the wife and children support themselves while they live abroad?

I send money and things. My wife also has a job there. But most of the money comes from me.

I didn't know about an ITIN. I need to look into that.

 

[Neiru]

Can I even get an ITIN for my wife if she is overseas?

 

[davew128]

How do the wife and children support themselves while they live abroad?

It's not unusual for spouses separated due to work to send money to each other.

 

[davew128]

What is the name of your state (only U.S. law)? Florida

My sons live overseas. They are 3 and 1 years old. They will get their social security numbers very soon. Can I finally put them as dependents when I file this year?

Are they citizens of the United States, or otherwise residents of North America? If not, then the answer is no.

And will I get a decent return this year?

Crystal ball is closed for repairs.

 

[Neiru]

Are they citizens of the United States, or otherwise residents of North America? If not, then the answer is no.

Crystal ball is closed for repairs.

They were born overseas, but because I'm a U.S. Citizen are recognized as such. They have U.S. passports. I should be getting their social security numbers soon. They don't reside in North America..yet. They should come late this year.

 

[OHRoadwarrior]

Based on your answers, you do not qualify to use them as dependents.

They were born overseas, but because I'm a U.S. Citizen are recognized as such. They have U.S. passports. I should be getting their social security numbers soon. They don't reside in North America..yet. They should come late this year.

 

[LdiJ]

Based on your answers, you do not qualify to use them as dependents.

You are not correct: From IRS Pub 501

Citizen or Resident Test


You generally cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico. However, there is an exception for certain adopted children, as explained next.

Exception for adopted child. If you are a U.S. citizen or U.S. national who has legally adopted a child who is not a U.S. citizen, U.S. resident alien, or U.S. national, this test is met if the child lived with you as a member of your household all year. This exception also applies if the child was lawfully placed with you for legal adoption.

Child's place of residence. Children usually are citizens or residents of the country of their parents.
If you were a U.S. citizen when your child was born, the child may be a U.S. citizen and meet this test even if the other parent was a nonresident alien and the child was born in a foreign country.

 

[Neiru]

You are not correct: From IRS Pub 501

They would not have U.S. Passports if they were not U.S. citizens. So I imagine I could put them as dependents. I support them and they are finally coming to the United States with their mother to live with me. I don't see why not.

 

[OHRoadwarrior]

You are not correct: From IRS Pub 501

I send money and things is not evidence of providing more than half their support. OP is very open ended in his statement about who he supports there and for how much. If he has a support order, it would clearly define the parameters. Claiming them ad hoc, on a simple assertion is begging for an audit. We could get technical and claim one can claim any deduction in the IRS regs. Supporting your claim is a different matter. If you disagree, how much of this money did OP was provide sent or wired to directly to his children? To coin a phrase... Good luck with that.

I suggest you read "Children of divorced or separated parents (or parents who live apart)" Please show me where OP has met the qualifications in his post.

 

[LdiJ]

I send money and things is not evidence of providing more than half their support. OP is very open ended in his statement about who he supports there and for how much. If he has a support order, it would clearly define the parameters. Claiming them ad hoc, on a simple assertion is begging for an audit. We could get technical and claim one can claim any deduction in the IRS regs. Supporting your claim is a different matter. If you disagree, how much of this money did OP was provide sent or wired to directly to his children? To coin a phrase... Good luck with that.

I suggest you read "Children of divorced or separated parents (or parents who live apart)"

As a parent, he does not have to provide 1/2 of the children's support in order to claim them. Nor, does the section "Children of divorced or separated parents" have anything to do with this particular issue.

 

[LdiJ]

They would not have U.S. Passports if they were not U.S. citizens. So I imagine I could put them as dependents. I support them and they are finally coming to the United States with their mother to live with me. I don't see why not.

I wasn't saying that you were incorrect, I was saying the OHroadwarrior was incorrect. Yes, you may claim your children as dependents.

 

[OHRoadwarrior]

Good luck with that. When you get audited remember I raised the issues.