U.S. Tax Preparation Worldwide James Maertin CPA
Tax Guide
Capital Gains, Interest and Dividends
Education Credits, Scholarships
Social Security, Medicare, Self Employment Tax
Tax Deadlines, Extensions, Late Payments, Estimated Tax
Tax Resident, Nonresident, Dual Status
Dependents, Child Tax Credit, Dependent Care Credit, Child Tax Return, Nanny Tax
Dependents
All dependents must have a Social Security number (SSN). If your dependent is a nonresident alien who is not eligible for an SSN, you must list the dependent’s Individual Taxpayer Identification Number (ITIN). To apply for an ITIN, file Form W‑7 with your tax return.
Children generally have the same citizenship or residency status as their parents. If you were a U.S. citizen when your child was born, your child is generally a U.S. citizen—even if born abroad, even if the other parent is a nonresident alien, and even if the child lives abroad.
A person may be claimed as a dependent only if:
They are a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Mexico or Canada
They are not claimed as a dependent by anyone else
They did not file a joint return unless only to claim a refund and neither spouse would owe tax filing separately
They are either a qualifying child or a qualifying relative
If a person meets all qualifying child tests, they are a qualifying child even if they also meet the relative rules. If they fail the qualifying child tests, check the qualifying relative rules. If they fail both, they cannot be claimed.
|
Test |
Qualifying Child |
Qualifying Relative |
|---|---|---|
|
Relationship |
Child, stepchild, foster child, sibling, stepsibling, or a descendant of any of these |
Anyone who lives with you all year or a specific IRS‑listed relative (parent, sibling, in‑law, etc.) who does not need to live with you |
|
Age Requirement |
Under 19, or under 24 if a full‑time student, or any age if permanently and totally disabled |
No age requirement |
|
Residency Requirement |
Must live with you more than half the year (exceptions apply) |
Must live with you all year, unless they are an IRS‑listed relative |
|
Support Test |
The child did not provide more than half of their own support |
You must provide more than half of their total support |
|
Gross Income Limit |
No income limit |
Less than $5,250 in 2025 |
|
Joint Return Test |
Cannot file a joint return unless only to claim a refund and neither spouse would owe tax if filing separately |
Same rule |
|
Citizenship/Residency |
Must meet U.S. citizen/resident rules |
Same |
|
Can They Be Someone Else’s Dependent? |
No |
No |
College Students Living Away from Home
A college student is still a qualifying child if:
Time away at school is a temporary absence, so they are treated as living with you.
They are under age 24 at year‑end and a full‑time student for at least 5 months.
They did not provide more than half of their own support.
Foreign students
Students on an F, J, M or Q visa are not considered tax residents
for their first 5 years on the visa, and so cannot be claimed as dependents.
Nonresidents (Form 1040NR)
Nonresident aliens generally cannot claim
dependents except certain residents of Canada or Mexico, and certain
students/apprentices from South Korea or India under treaty rules.
Maximum credit: $2,200 per qualifying child under age 17
Up to $1,700 may be refundable as the Additional Child Tax Credit
Full credit available if MAGI is:
$400,000 or below (married filing jointly)
$200,000 or below (all other filers)
Credit phases out by $50 per $1,000 of income above the threshold
Child must have an SSN issued before the return due date
Child must be a U.S. citizen, U.S. national, or U.S. resident alien
Child must meet relationship, residency, and support rules
Child must not have provided more than half of their own support
Child Tax Credit for Americans Abroad
To qualify for the Child Tax Credit while living abroad:
You must have taxable earned income on your U.S. return
If you exclude all income using the Foreign Earned Income Exclusion (FEIE), you cannot claim the credit
If you exclude some but not all income, you may claim the nonrefundable portion but not the refundable Additional Child Tax Credit
Using the Foreign Tax Credit (FTC) instead of FEIE may allow access to the refundable portion
Revoking the FEIE triggers a 5‑year restriction on re‑claiming it, so the decision must be evaluated carefully
Credit for Other Dependents
A $500 nonrefundable credit is available for dependents who are not qualifying children. This includes:
Children age 17 or older
Parents and other qualifying relatives
Dependents with an ITIN
Individuals meeting the qualifying relative rules
Phase‑out thresholds (same as the Child Tax Credit)
Dependent Care Credit (2025)
If you paid for care so you could work, look for work, or attend school, you may claim:
Up to $3,000 of expenses for one child under 13
Up to $6,000 for two or more children under 13
The credit is nonrefundable in 2025.
Paid in 2025 for 2025 care, or prepaid in 2024 for 2025 care
Both spouses must have earned income unless one is a full‑time student for at least 5 months or disabled
Child must be under 13 or unable to care for themselves
Eligible expenses include preschool, nursery school, day camp, before/after‑school care, babysitters, vacation care programs
School tuition above preschool does not qualify
Dependent / Child Tax Return Filing Requirements (2025)
A dependent child must file a 2025 tax return if any of the following apply:
More than $1,350, unless you elect to report the child’s income on your own return.
More than $15,750 (the 2025 standard deduction for dependents).
More than the larger of:
$1,350, or
Earned income + $450,
up to a maximum of $15,750
This is summarized in the worksheet below.
Filing Requirement Worksheet for Most Dependents
| 1 | Enter dependent's earned income plus $450 | |
| 2 | Minimum amount | $1,350 |
| 3 | Compare lines 1 and 2. Enter the larger amount | |
| 4 | Maximum amount | $15,750 |
| 5 | Compare lines 3 and 4. Enter the smaller amount | |
| 6 | Enter the dependent's gross income. If line 6 is more than line 5, the dependent must file an income tax return. |
Example 1.
Joe is 20, single, full-time college
student, not blind, and claimed as a dependent.
Interest income: $200
Wages: $2,750
Earned income + $450 = $3,200
Gross income = $2,950
Since $2,950 is less than $3,200, Joe does not need to file a return.
Example 2.
Same facts, except
Joe has $600 interest income.
Gross income = $3,350
Earned income + $450 = $3,200
Since $3,350 is greater than $3,200, Joe must file a return.
Election to Report Child's Income on Parent's Tax Return (Form 8814)
Child is under age 19, or under 24 if a full‑time student, at the end of 2025.
Only income was from interest and dividends, including capital gain distributions and Alaska Permanent Fund dividends.
Child’s gross income for 2025 was less than $13,500.
Child otherwise must file.
Child does not file a joint return.
No estimated tax payments or withholding
You meet Form 8814 requirements.
The first $1,350 of a child’s unearned income is covered by the standard deduction.
The next $1,350 is taxed at the child’s rate.
Any unearned income over $2,700 is taxed at the parent’s marginal tax rate.
If you adopt a child, you may be eligible for an Adoption Credit.
See Nanny Tax