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George Saenz, the Bankrate.com Tax Talk columnist Claiming foreign parents as dependents

Dear Tax Talk,
Can my parents, who are not citizens but green card holders of the U.S., be listed on my income tax return as dependents? They live in another country, and I support them 100 percent financially. Thank you.
-- Cho

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Dear Cho,
The dependency exemption requires that you run through various tests to see if that individual qualifies as an exemption for you. One of the most important tests in your situation is that your parents have to be U.S. residents. By virtue of their green cards they are residents for income tax purposes even though they do not reside here. Since your parents are considered U.S. residents you need to look at the other tests.

A person can be your dependent if he or she is a qualifying child or qualifying relative. There are four tests that must be met for a person to be your dependent as a qualifying relative.

The four tests are:
1.Not a qualifying child test.
2.Member of household or relationship test.
3.Gross income test.
4.Support test.

Obviously, your parents are not your qualifying child, so you meet that test. Since your parents meet the relationship test, they do not have to be a member of your household to be claimed as a dependent. Under the gross income test the person must have less than $3,300 in gross income; Social Security benefits do not count.

As U.S. residents your parents are still obligated to file U.S. tax returns to report their gross income wherever earned. To be claimed as dependents, each has to be under the gross income limit. To meet the support test, you generally must provide more than half of your parents' total support during the calendar year. Since you support them completely you would be able to claim them as your dependents.

To ask a question on Tax Talk, go to the "Ask the Experts" page, and select "taxes" as the topic.

Bankrate.com's corrections policy-- Posted: March 9, 2007
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