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Form 2441 for Syracuse New York: What You Should Know
Child and dependent care expenses can be claimed by the surviving spouse of an American citizen who, as of July 1, 2011, was a legal permanent resident (green card holder) or a non-citizen who has the right to reside in the United States and has lived in the United States continuously for a continuous period of at least three years and, at the time of death, had an Adjusted Gross Income that is in excess of zero for the three-tenths-of-one-percent filing status. 1 When a surviving spouse is a legal permanent resident (green card holder) or a non-citizen who has the right to reside in the United States and has lived in the United States continuously for a continuous period of at least three years, the spouse or permanent resident spouse must file Form 2441. The surviving spouse must then be granted filing status for which he or she is filing before the dependent children of the legal permanent resident or non-citizen spouse can claim the deduction for child and dependent care expenses. See page 2 of Publication 15-A, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for a chart showing the relationship between the legal permanent resident or non-citizen spouse and the dependent children. Where Do I Report The Earned Income of The Legal Permanent Resident or Non-Citizen Spouse? You can report the earned income of the legal permanent resident or non-citizen spouse on a joint return for the tax year in which it was earned. The earned income can be reported either on Form W-4 or Form W-2. If you use a Form W-4 to report the earned income of the legal permanent resident or non-citizen spouse, you must enter the earned income on that form with the same reporting method chosen for your own earned income. On the Form W-2, enter the earned income of the legal permanent resident or non-citizen spouse with the same reporting method chosen for each of the three most recent years for which you have information. You are not taxed on earned income reported on Form W-4. Form 2441 is not filed until the dependent children of the legal permanent resident or non-citizen spouse have started receiving benefits from the federal or state programs that are the basis for the credit, but the children are eligible for Social Security and Medicare and, therefore, are eligible for the credit during their entire lives.
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