If you entered into the United States on L-1 Visa you would need to be classified as Resident Alien for tax purpose by meeting 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, and183 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, and1/3 of the days you were present in the first year before the current year, and1/6 of the days you were present in the second year before the current year.If you entered the United States in 2018 you would have met the Substantial Presence Test in 2019 and are qualified to file a Form 1040-NR. If you did not enter the U.S. until 2019 and met the 183-day test you would be required to file a Dual Status Return. TurboTax does not support Form 1040-NR or Dual-Status returns. You will need to use Sprintax to file a Form 1040-NR and the Dual-Status return. If you have questions you can contact Sprintax Help for assistance. If you do qualify as a Resident Alien you can claim your daughter on your return by completing a Form W-7 requesting an Individual Tax Identification Number (ITIN). You would attach your Form 1040 to the W-7. See Instructions for the W-7.

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I am on an L1 Visa and as such my son doesn’t have a SSN how can I proceed with my turbo tax return

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March 4, 2020
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klehnhardt

If you entered into the United States on L-1 Visa you would need to be classified as Resident Alien for tax purpose by meeting 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.

If you entered the United States in 2018 you would have met the Substantial Presence Test in 2019 and are qualified to file a Form 1040-NR. If you did not enter the U.S. until 2019 and met the 183-day test you would be required to file a Dual Status Return.

TurboTax does not support Form 1040-NR or Dual-Status returns. You will need to use Sprintax to file a Form 1040-NR and the Dual-Status return. If you have questions you can contact Sprintax Help for assistance.

If you do qualify as a Resident Alien you can claim your daughter on your return by completing a Form W-7 requesting an Individual Tax Identification Number (ITIN). You would attach your Form 1040 to the W-7.

See Instructions for the W-7.