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babusri · Nov 24, 2006, 11:45 AM

Hi ATE,

Thanks for your help and Suggestions provided. I filed my tax returns for 2005 in Oct 2006. I had filed 1040EZ choosing "First Year Election". I did file in Oct 2006 to qualify for First Year Option, Married filing jointly. Today I got the refund credited to my bank account which is "Federal Income Tax Withheld" and EIC part is not credited!! In my W2 it says $266 as EIC. I had entered this in my form 1040EZ.

My wife is house wife and with the 2005 tax returns we have applied for her ITIN and she got the ITIN number assigned.

When I check the IRS website Refund Status, it says they have not paid the EIC and in the note it says "If you and your spouse are not eligible to obtain Social Security Numbers, you cannot claim the Earned Income Credit." Is ITIN for my wife is not valid for EIC refund ?

Also the note says I will receive a Notice with details. Should I take any action or reply to this ?

Let me know if I am missing something. Is there any way I can get this EIC $266 ?

Thanks,
Babu.

AtlantaTaxExpert · Nov 24, 2006, 04:38 PM

Babu:

Sorry, foreign nationals who file under an ITIN are NOT normally eligible for the Earned Income Credit.

babusri · Nov 26, 2006, 06:32 PM

Hi ATE,

Thanks for the reply. Would like to know, If I had selected Married filing separately then would I have got EIC ? As I have my SSN.

Also this year we have been blessed with baby girl, can I file as Head of household ?

Thanks,
Babu.

AtlantaTaxExpert · Nov 26, 2006, 07:15 PM

Babu:

No. Persons filing Married Filing Separately cannot qualify for the EIC.

babusri · Nov 29, 2006, 11:33 AM

Thanks ATE.
Babu.

AtlantaTaxExpert · Nov 29, 2006, 03:53 PM

Glad to help, but sorry for the outcome!

PO1950 · Dec 4, 2006, 06:49 PM

Originally Posted by babusri

Hi ATE,

Thanks for your help and Suggestions provided. I filed my tax returns for 2005 in Oct 2006. I had filed 1040EZ choosing "First Year Election". I did file in Oct 2006 to qualify for First Year Option, Married filing jointly. Today I got the refund credited to my bank account which is "Federal Income Tax Withheld" and EIC part is not credited !!!!. In my W2 it says $266 as EIC. I had entered this in my form 1040EZ.

My wife is house wife and with the 2005 tax returns we have applied for her ITIN and she got the ITIN number assigned.

When i check the IRS website Refund Status, it says they have not paid the EIC and in the note it says "If you and your spouse are not eligible to obtain Social Security Numbers, you cannot claim the Earned Income Credit." Is ITIN for my wife is not valid for EIC refund ?

Also the note says i will receive a Notice with details. Should i take any action or reply to this ?

let me know if i am missing something. Is there any way i can get this EIC $266 ?

Thanks,
babu.

Your wife will need a valid SS number in order to qualify for EIC