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Home > Money & Services > Taxes   »   can I claim earned income for my child that is a US citizen with an ITIN?

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Old Nov 11, 2006, 03:40 PM
felicia32
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can I claim earned income for my child that is a US citizen with an ITIN?
My husband has been living in the US for 16 years and is still illegal. Can he clain earned income on his taxes with an ITIN?

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Old Nov 12, 2006, 01:40 PM   #2  
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Has he been filing his tax return every year? Are YOU a U.S. citizen?
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Old Nov 12, 2006, 09:45 PM   #3  
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he has only claimed one time and was told he could not get EIC
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Old Nov 13, 2006, 05:41 PM   #4  
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I have already answered via e-mail, but let me expound.

He is no longer illegal because he married to you, a U.S. citizen. He is still undocumented, but I addressed that in the e-mail.

You need to file jointly and apply for an ITIN with Form W-7. If he has not filed for 2003, 2004 and 2005, he needs to file for these years. Excess taxes for any year prior to 2003 cannot be refunded by law.
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