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July 21, 2021
Question

Did not claim dependent for 2020

  • July 21, 2021
  • 1 reply
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I moved to USA from abroad and I didn’t claim my child as a dependent nor did I file taxes because I wasn’t working in the USA. I don’t believe my family members claimed her as a dependent either. Is it too late for them to claim her for that year that was missed out on. We were living abroad in 2019 however we were receiving support from family in the USA. Can they claim her retroactively for their taxes in 2020? 

    1 reply

    July 21, 2021

    If you are any of the following, you must file a return:

    1. A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year.
    2. A nonresident alien individual who is not engaged in a trade or business in the United States and has U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
    3. A representative or agent responsible for filing the return of an individual described in (1) or (2),
    4. A fiduciary for a nonresident alien estate or trust, or
    5. A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).

    To claim your child as your dependent, your child must meet either the qualifying child test or the qualifying relative test:

    • To meet the qualifying child test, your child must be younger than you and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.
    • There's no age limit if your child is "permanently and totally disabled" or meets the qualifying relative test.

    In addition to meeting the qualifying child or qualifying relative test, you can claim that person as a dependent only if these three tests are met:

    1. Dependent taxpayer test
    2. Citizen or resident test, and
    3. Joint return test
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