Once for all, let's all put this discussion to rest with the OFFICIAL answer from IRS.
I called IRS just now and this is indeed a tricky question since we spent about 30min on it. Here is the final results:
1. A B2 visa holder IS ELIGIBLE to take the Substantial Presence Test, and can claim all the days he/she was in the US to use for the Substantial Presence Test, EXCEPT FOR the days outlined on Page4 of Pub519. - THIS IS SPECIFIED IN THE INTERNAL MENU FOR IRS CALL CENTER EMPLOYEES.
2. If a B2 visa holder PASS the Substantial Presence Test, then he/she is considered a 'US resident' - here this term is used for IRS tax purpose, it is different from the immigration terms. The term 'US resident' is the same as 'resident', or the 'resident' word in the term 'resident alien'. IRS documents use these words in different places but they mean the same.
3. If a B2 visa holder CAN be considered a 'US resident' per above two points, then he/she has PASSED the Citizen or Resident Test, which is one of the FIVE tests a Qualifying Relative has to pass before he/she can be claimed as a dependent.
4. Natually, once a B2 visa holder HAS PASSED the Citizen or Resident Test, he/she still has to be a Qualifying Relative, AND PASS the other 4 tests for dependent, before you can claim he/she as a dependent.
IS IT CLEAR FOR YOU NOW? This is the official answer from the IRS so let's all follow these rules.
BIG THANK TO EVERYONE WHO CONTRIBUTED TO THIS DISCUSSION!
关于父母做dependent - 刚打电话问IRS得来的正确答案
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Thanks!!!
-闲得无聊-
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02/03/2006 postreply
13:44:52
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太棒啦!严重感谢!!!
-知名度比较高-
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02/03/2006 postreply
14:57:43
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支持. 这个问题几年前就在这里讨论过, 问题的关键
-stp-
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02/03/2006 postreply
15:55:06
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BZ, I have another quick question
-xxxxllll-
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02/03/2006 postreply
19:01:52
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By IRS, since my mother didn't have 1/6 year2003 days, so she is
-yy992004-
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02/03/2006 postreply
19:23:12
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not US resident.
-yy992004-
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02/03/2006 postreply
19:25:18
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是的. 这只是TEST的公式, 03, 04没有就算零, 以前帖子
-stp-
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02/04/2006 postreply
21:52:48
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I called IRS today too. What you said are ture. I have been told
-yy992004-
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02/03/2006 postreply
19:16:13
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I see. Thank you very much!
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02/04/2006 postreply
12:32:50