Is she "US legal resident" OR "resident of canada"?

Forum|Forum|3 years ago
April 16, 2023
1 reply
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we all left canada long time few years already and have been living in US.

I am working in the US under TN visa, and my kid has ITIN (obviously she is NOT qualified for child tax credit).

1. she is canadian passport / citizenship

2. but she is NOT resident of canada for tax purposes, she is living in the US whole year.

My questions is:

Is she "legal resident" or "resident of canada"?

TurboTax Home & Biz Windows

Best answer by RalphH1

If your daughter meets the “Substantial Presence Test” to be treated as a resident, you should select the “U.S. citizen or legal resident” choice as her citizenship status. (I’m guessing we’ll be adding “for tax purposes” to that pretty soon...)

Also, @craftindo, you’re on top of things regarding the inability to claim a “Child Tax Credit” with an ITIN. Hopefully you can claim the “Credit for Other Dependents” though!

R

RalphH1Answer

If your daughter meets the “Substantial Presence Test” to be treated as a resident, you should select the “U.S. citizen or legal resident” choice as her citizenship status. (I’m guessing we’ll be adding “for tax purposes” to that pretty soon...)

Also, @craftindo, you’re on top of things regarding the inability to claim a “Child Tax Credit” with an ITIN. Hopefully you can claim the “Credit for Other Dependents” though!

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