Nothing in your post indicates that they can't claim the credit, but there are many criteria to claiming a dependent and the credit. Is there any specific thing that you are wondering about that could disqualify it?

Alfredo1967Author

Level 4

I am thinking that the child does not meet the residency test since the father lives with his wife and son only on weekends and holidays in Mexico. I attended an IRS webinar this Thursday and I did ask this question but I did not get an answer at all. I have read the rules for CTC/ODC and I just see that the child must have lived with tax payer for more than six months. I am assuming that they must lived for over six months in the USA and not in Mexico.

BobKamman

Level 15

The kid lived with the mother all year. Why does she not count as a taxpayer if she is agreeing to be taxed as a resident alien? Or maybe, she's just agreeing to be taxed on her worldwide income, which you say is zero. Except her husband lives in a community-property state and Mexico is a community-property country.

I can understand why no one at the seminar wanted to answer the question. I don't want to answer it either. I would at least give them the ODC.

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