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Instructions for Schedule 8812
taxmap/instr/i1040s8-002.htm#en_us_publink_59790pd0e40

General Instructions

rule
taxmap/instr/i1040s8-002.htm#en_us_publink1000274295

Substantial Presence Test (Part I)(p1)

rule
In general, to be a qualifying child for purposes of the child tax credit and additional child tax credit, the child must be a citizen, national, or resident of the United States. Use Part I of Schedule 8812 to document that any child for whom an IRS Individual Taxpayer Identification Number (ITIN) was entered on Form 1040, line 6c; Form 1040A, line 6c; or Form 1040NR, line 7c; and for whom the box in column 4 of that line was also checked, meets the substantial presence test and is not otherwise treated as a nonresident alien.Note. (p1) A child who is a lawful permanent resident of the United States is eligible to obtain a social security number (SSN). Use an SSN to identify the child even if you obtained an ITIN for the child before the child became a lawful permanent resident.

To meet the substantial presence test, a child identified with an ITIN generally must be physically present in the United States on at least:
  1. 31 days during 2012, and
  2. 183 days during the 3-year period that includes 2012, 2011, and 2010, counting:
    1. All the days your child was present in 2012, and
    2. 1/3 of the days your child was present in 2011, and
    3. 1/6 of the days your child was present in 2010.
caution
Not all days that your dependent is physically present in the United States count as days of presence for the substantial presence test. See Days of Presence in the United States in Pub. 519.
A child who is present in the United States for less than one-half of 2012 also must not have a closer connection to a foreign country. See Pub. 519 for more information. Also, see the chart, Is Your Dependent (Identified by an ITIN) Considered a Resident of the United States Under the Substantial Presence Test, later.