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Resident alien confirmation and child tax credits

Resident alien confirmation and child tax credits

Old Mar 28th 2009, 11:18 pm
  #1  
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Default Resident alien confirmation and child tax credits

We were in the US during 2008 for 196 days (nothing in previous years apart from a couple of weeks per year in 2007, 2006, 2005). We arrived in June 2008.

Reading the IRS guidelines, it states:

1. 31 days during 2007, and
2. 183 days during the 3-year period that includes 2007, 2006, and 2005, counting:
All the days you were present in 2007

(I can't find a 2008 guide to assume it should be 2008,2007,2006).

Can I assume resident alien? I'm paying tax as a US taxpayer on payroll, receive W4 etc.

Only question is tax credit - my adviser said its 183 during last three years, but did not know it INCLUDED the current year.

Can someone confirm CURRENT year is 2008 in this case (making us eligible)?

We meet the other criteria for child tax credits.

Thanks!
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Old Mar 29th 2009, 2:59 pm
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Default Re: Resident alien confirmation and child tax credits

Originally Posted by emailrob View Post
We were in the US during 2008 for 196 days (nothing in previous years apart from a couple of weeks per year in 2007, 2006, 2005). We arrived in June 2008.

Reading the IRS guidelines, it states:

1. 31 days during 2007, and
2. 183 days during the 3-year period that includes 2007, 2006, and 2005, counting:
All the days you were present in 2007

(I can't find a 2008 guide to assume it should be 2008,2007,2006).

Can I assume resident alien? I'm paying tax as a US taxpayer on payroll, receive W4 etc.

Only question is tax credit - my adviser said its 183 during last three years, but did not know it INCLUDED the current year.

Can someone confirm CURRENT year is 2008 in this case (making us eligible)?

We meet the other criteria for child tax credits.

Thanks!
Yes, you're resident. F**k me, your tax adviser is incompetent!

In fact, having just confirmed the IRS website wording, I think it is a f***ing outrage that someone can charge for tax advice, and not even read the IRS website:
1. 31 days during the current year, and
2. 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.
I mean to say, how bloody difficult is it for a tax professional to read that? Tell him go type "SUBSTANTIAL PRESENCE TEST" into Google and follow the first frickin' link!

As you may have guessed, I believe that many CPAs are slightly lower on the social order than used car salesmen.

Oh, and just remember that you need an SSN or ITIN for your child(ren) to claim the credit for them.

EDIT: I guess you're really just asking if "current year" is 2008

The answer is "YES!".


(I've left the rest of my misguided moral outrage in the message above, just 'cos I still hate incompetent CPAs)

Fire your tax adviser.

Last edited by dbj1000; Mar 29th 2009 at 3:04 pm.
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Old Mar 30th 2009, 5:06 pm
  #3  
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Default Re: Resident alien confirmation and child tax credits

Thanks for the reassurance. I'm too amazed people will charge good money for bad advice. Next years return will be done by me...I just wanted someone to guarantee if they screwed up in year 1...!
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