Question

J1 visa and J2 dependant

Forum|Forum|6 years ago
February 20, 2020
1 reply
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I am on a J1 visa and my son is here at school in a J2- he is 14. Can I put him on a dependant? If I do, the form asks for a SSN for him.. Should I apply for this for him? Also- the estimated refund is way more than the taxes I paid- is that normal when deductions are taken into account or is there a mistake somewhere?

Thank you.

Not A Product Question

K

klehnhardt

To answer your questions, it would depend if you are considered a Nonresident Alien or a Resident Alien for tax purposes.

With a J-1 Visa you are not allowed to count your days present in the U.S. for any part of 5 years. To be considered a Resident Alien you will need to pass the

Substantial Presence Test. Once you passed the 5-year exemption period you can start counting the days present in the United States. You can only use the days counted in the Substantial Presence Test.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

All the days you were present in the current year, and

1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

This is important because it will determine what return you will file. If you are a Nonresident you would be required to file a Form 1040-NR. If you are a Resident Alien, you would file a Form 1040.

To answer your questions:

If you are required to file a Form, 1040-NR, only U.S. nationals, residents of Canada, Mexico, and South Korea, and students or business apprentices from India who are eligible to claim a dependent on the return. If you are filing a Form 1040 as a Resident Alien, you can add your son as a dependent.
If your son is eligible for a Social Security Number, you should apply on his behalf. You will need to have the number to add him to the return. See Social Security Numbers for Noncitizens. If your son is not eligible you can apply for a Individual Tax Identification Number (ITIN) by submitting a Form W-7 with your return. See W-7 Instructions if you do.
Having your refund larger than the taxes you paid is very common on returns. Extra withholding and Refundable Tax Credits can cause this benefit for you.