L2 can be claimed as dependent for Tax purpose when she lived in USA for 94 days in 2014 (substantial presence test 180 days)?

Immigration 4 views 3 answers
My wife is on L2 and I am on L1B Visa. For tax return purpose can I claim my wife as dependent as she stayed in USA from Sep 27th 2014 around 94 days in 2014? I heard from some one that I can not claim her as dependent as she has not been in USA for more than 180 days in 2014 calender year (substantial presence test). Thanks.

Attorney Answers

3
Kenneth Gray ·
From the IRS itself, "Generally, you may not claim a married person as a dependent if they file a joint return with their spouse. Also, to claim someone as a dependent, that person must be a U.S. citizen, U.S. resident alien, U.S. national or resident of Canada or Mexico for some part of the year. There is an exception to this rule for certain adopted children. See IRS Publication 501, Exemptions, Standard Deduction, and Filing Information for additional tests to determine who can be claimed as a dependent." Hope that helps. You should speak with a tax attorney as international tax issues with the US are always complicated.
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