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    felicia32's Avatar
    felicia32 Posts: 2, Reputation: 1
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    #1

    Nov 11, 2006, 05:40 PM
    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?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Nov 12, 2006, 03:40 PM
    Has he been filing his tax return every year? Are YOU a U.S. citizen?
    felicia32's Avatar
    felicia32 Posts: 2, Reputation: 1
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    #3

    Nov 12, 2006, 07:45 PM
    He has only claimed one time and was told he could not get EIC
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Nov 13, 2006, 03:41 PM
    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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