Do I qualify for Child Tax credit?

srabashi

We have been filing income tax as married filing jointly as a family or 3 - Both parents are resident alien for US taxes and son is US citizen. All three of us have SSNs.

In the year 2024 my spouse did not have US income since they dint have work authorization in the US. Do we qualify for the Child Tax Credit?

kiarab

Hello,

 

Great question! If you and your spouse both have SSNs and your child has as SSN that is valid for employment (which I assume they do since they are a US citizen), then it is likely that you can claim the Child Tax Credit.

 

You can see the list of requirements here:  https://www.irs.gov/credits-deductions/individuals/child-tax-credit

Also, the IRS has a great quiz you can take to see if you qualify to claim the Child Tax Credit here:  https://www.irs.gov/help/ita/does-my-childdependent-qualify-for-the-child-tax-credit-or-the-credit-for-other-dependents

srabashi

Thanks for the response! What about the Dependent Care Tax credit for qualified childcare expenses? Here too I see that both parents should have earned income or be full time student or be disabled. What if one of the parents (resident alien for tax purposes in the US) could not work because they dint have work authorization?

MatthewD

https://community.freetaxusa.com/discussion/comment/3913#Comment_3913

Hi Srabashi,

That is a valid question. What if you were a resident alien, but did not have work authorization? The IRS says this about qualifications for the Child and Dependent Care Credit.

• You paid expenses for the care of a qualifying individual to enable you (and your spouse, if filing a joint return) to work or actively look for work.

See the requirement to take the Child and Dependent Care Credit in the Form 2441 Instructions.

So the bottom line is you must be working or looking for work (and inferred that you are authorized to work).

You will not qualify for the Child and Dependent Care Credit if one of you is not working.