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EIC and Child Tax credit

sabkosl13
Level 4

Can immigrant with green card and full year resident claim EIC and Child Tax Credit if his wife and 2 kids (8 and 16) came in July.? Wife and kids have also green card.

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Accepted Solutions
BobKamman
Level 15

The best way to approach such questions is to remind yourself that you do not have one client who has a wife.  In fact, you are preparing a joint return and you have two clients.  Does Client #1 (the husband) qualify?  Yes, because he is a full-year resident alien.  Does Client #2 (the wife ) qualify?  Yes, because her "filing status is married filing jointly and her spouse is a U.S. citizen or resident alien and she chooses to be treated as a U.S. resident."

However, since the children were not in the US for six months, the taxpayers only qualify for the EIC without children.  The children do qualify for the child tax credit, since they (presumably) lived with Client #2, their mother, all year.  They may be considered to have lived with Client #1, their father, all year also, because of "temporary absence," but we don't know the details.  

 

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6 Comments 6
Just-Lisa-Now-
Level 15
Level 15
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sabkosl13
Level 4

Thanks for the info. I know that but I am confuse with this statement: 

"To claim the EITC, you must be a U.S. citizens or resident alien all year.

If you were a nonresident alien for any part of the tax year, you can only claim the EITC if your filing status is married filing jointly and your spouse is a U.S. citizen or resident alien and you choose to be treated as a U.S. resident."

The wife and kids were as a resident alien only part of year. 

 

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Terry53029
Level 15
Level 15

This is what the IRS says. 

U.S. citizen or resident alien

To claim the EITC, you must be a U.S. citizens or resident alien all year.

If you were a nonresident alien for any part of the tax year, you can only claim the EITC if your filing status is married filing jointly and your spouse is a U.S. citizen or resident alien and you choose to be treated as a U.S. resident.

That means either your wife or you must be a US citizen or resident alien ALL YEAR.

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sabkosl13
Level 4

Husband has a green card and stay in US all year.

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BobKamman
Level 15

The best way to approach such questions is to remind yourself that you do not have one client who has a wife.  In fact, you are preparing a joint return and you have two clients.  Does Client #1 (the husband) qualify?  Yes, because he is a full-year resident alien.  Does Client #2 (the wife ) qualify?  Yes, because her "filing status is married filing jointly and her spouse is a U.S. citizen or resident alien and she chooses to be treated as a U.S. resident."

However, since the children were not in the US for six months, the taxpayers only qualify for the EIC without children.  The children do qualify for the child tax credit, since they (presumably) lived with Client #2, their mother, all year.  They may be considered to have lived with Client #1, their father, all year also, because of "temporary absence," but we don't know the details.  

 

sabkosl13
Level 4

Taxpayer has been living in the US for several years. The children lived in another country with their mother and came to the US together in July.

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