Skip to main content
Level 6
September 19, 2024
Question

Dependents for CTC

  • September 19, 2024
  • 2 replies
  • 25 views

My client has a wife and 2 children who just emigrated to the US in July 2024. They got permanent residency status and social security numbers in July 2024. I will amend his tax returns for years 2021-2023 to change his status from single to MFJ. My question is: can I file 2 of his children as dependents for child tax credit (CTC) for years 2021-2023? He did support them financially when they were in Vietnam. 

I would not claim earn income tax credit (EITC) since they did not live with him in the US before July 2024. Is it correct?   

Thanks

This topic has been closed for replies.

2 replies

sjrcpa
Level 15
September 19, 2024

So why did you file him as Single if he was married?

The more I know the more I don’t know.
ChiHoangAuthor
Level 6
September 19, 2024

I filed him single because his wife did not have either ITIN or social security for years 2021-2023.

sjrcpa
Level 15
September 19, 2024

FYI that was wrong. IRS allows NRA or Nonresident Alien in the spouse SSN field. I don't know if ProSeries does.

Good thing you are amending.

The more I know the more I don’t know.
Level 15
September 19, 2024

@ChiHoang wrote:

My question is: can I file 2 of his children as dependents for child tax credit (CTC) for years 2021-2023?


 

They needed their Identification Number by the due date of the tax return.

That means for 2021 and 2022, no.  For 2023, if they filed an extension, yes.  If they did not file an extension, no.

sjrcpa
Level 15
September 19, 2024

I knew you would know the answer @TaxGuyBill 

I was tempted to page you.

The more I know the more I don’t know.
Level 15
September 19, 2024

@sjrcpa wrote:

I knew you would know the answer @TaxGuyBill 


 

Actually, I am usually pretty sure, but I can never QUITE remember for sure.  But I know where it is the Code so I look it up.  😁