Bayleaf_01

Hello,

I am REALLY confused. I need to get my kids ITIN numbers so can claim them as dependents for our tax return. I tried to get the numbers when we first arrived in the US in May 2012 and was sent away from the tax office and told not to apply for the ITIN's until the taxes were due. I was also told I could not claim for them in 2012 taxes as we did not meet the presence requirments. We were present for 232 days in 2012.

Yesterday I contacted H&R Block, as they are now our nearest authorized IRS agent for processing the ITIN paperwork (well they will be once the IRS catches up after the shutdown).

I know they are trying to get me to pay to use their services, but they are know telling me we should be able to file an adjustment to our 2012 taxes and claim for the children as well???
Does anyone know if they are correct? It was the man in the tax office that told not NOT to claim them last year.

I guess this is my fault for using Turbo Tax last year

Noorah101

To my knowledge, if you are physically inside the USA for more than 180 days in a calendar year, you are considered resident for tax purposes. So if I were you, I'd so an amended 2012 return and claim the kids.

Rene

Bayleaf_01

Thanks, any idea if it will be worth the $99-$149 fee for H&R Block to file the amendment???

Michael

You can file an amended return (form 1040x) for up to 3 years. Since you met the "Substantial Presence Test" last year, you should have been able to claim your children as dependents, get child tax credits, and possibly child care tax credits.

http://www.irs.gov/Individuals/Inter...-Presence-Test

http://www.irs.gov/uac/Form-1040X,-A...ome-Tax-Return

Michael

If you still have Turbo Tax on your computer, use fake SSNs for your children and add your children as dependents to see how much you will save. Just don't save the file.

Cook_County

Why not prepare the amended returns yourself? Don't forget for the arrival year of 2012 that you should have compared electing to file as a dual status resident, a married filing separate full year resident (by filing a section 7701(b((4) election) or a full year resident or a married filing separate full year resident (by filing a section 7701(b((4) election plus a section 6013(h) election). One of these three options would have given you the lowest tax. Which option did you pick?

Bayleaf_01

OK, I just re-did the Turbo Tax and it will be definitely be worth re-filing. I think I will ask H&R Block for help!!
Can't believe the tax office told me not to include them!!

Thanks everyone, I knew I could rely on you lot for help!!!

NatashaB

Sounds about right to me - each child can save you up to 1k on your taxes. Did you incur any dependent care expenses you could claim too?

Bayleaf_01

Quick update
Applied for ITIN's with the help of an authorized agent as Michigan does not have IRS office capable of doing it!
Was told it would take at least 16 weeks to get numbers.
Sent in amended 2012 taxes with the ITIN request.
ITIN numbers came back in user 3 weeks, along with a cheque from State. Just waiting for Federal refund now.
I can now file 2013 taxes with kids included.

Slightly disappointed 2013 tax refund is no where near the amended 2012 figure, but ho hum, we still get money back.