Tax return question-Child excemption

[tz-us 0]

I have a son, born abroad three month ago before the turn on 2011. He is a USC through me by birth but we havent completed a Consular Report of Birth Abroad (CRBA)so he has not received a SSN as of yet. My question is would it be possible to claim him on my taxes by requestin an ITIN and earn tax excemptions from him. I'd appreciate your input.

[George & Gina 29]

I have a son, born abroad three month ago before the turn on 2011. He is a USC through me by birth but we havent completed a Consular Report of Birth Abroad (CRBA)so he has not received a SSN as of yet. My question is would it be possible to claim him on my taxes by requestin an ITIN and earn tax excemptions from him. I'd appreciate your input.

An ITIN can only be issued to persons not eligible for an SSN. Since you son is a USC, he is not eligible for an ITIN. Go ahead and submit the paperwork to get a CRBA for your son. I also assume you are married to his mother and that you support her and him?

George

[tz-us 0]

An ITIN can only be issued to persons not eligible for an SSN. Since you son is a USC, he is not eligible for an ITIN. Go ahead and submit the paperwork to get a CRBA for your son. I also assume you are married to his mother and that you support her and him?

George

Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?

[Sergi9 110]

Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?

At this point your wife should be eligible for an ITIN.. getting one while she is overseas is the trick. Call IRS service center. You can always file and amend your return later with the child, or both for that matter.

[George & Gina 29]

Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?

I'm basically going through the same thing you are right now. Your wife will need an ITIN, since as of right now she is NOT eligible for an ITIN. You will file an IRS form W7(signed by your wife) with your joint tax return. Read the instructions for the W7 for the identification requirements for your wife. My wife will be sending me a certified copy (certified by the issuing agency) of her Philippine passport passport for that purpose. US Embassies/Consulates will not certify/notarize foreign documents. The other thing I could have done (at least on other person on VJ has done it successfully) is have my wife send me her actual passport. I could make a color copy of it here and then have if notarized by a local (US) notary public, who would certify that the copy contains identical information to the original. If you wife's country is a signatory to the Hague Conventions, you could also have it notarized/certified there, but I'm not familiar with that process. You will also want to read IRS publication 519, pages 10 and 26 for more information on joint filing with a foreign, non-resident spouse.

Good luck.

George

[tz-us 0]

I'm basically going through the same thing you are right now. Your wife will need an ITIN, since as of right now she is NOT eligible for an ITIN. You will file an IRS form W7(signed by your wife) with your joint tax return. Read the instructions for the W7 for the identification requirements for your wife. My wife will be sending me a certified copy (certified by the issuing agency) of her Philippine passport passport for that purpose. US Embassies/Consulates will not certify/notarize foreign documents. The other thing I could have done (at least on other person on VJ has done it successfully) is have my wife send me her actual passport. I could make a color copy of it here and then have if notarized by a local (US) notary public, who would certify that the copy contains identical information to the original. If you wife's country is a signatory to the Hague Conventions, you could also have it notarized/certified there, but I'm not familiar with that process. You will also want to read IRS publication 519, pages 10 and 26 for more information on joint filing with a foreign, non-resident spouse.

Good luck.

George

Thanks George and Sergi9 for your inputs. I guess the process is not as easy as i thought. I'll give it a shot. If won't work out then will just wait until they get here. Hopefully it won't be very long from now since our I-130 just got approved.