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    royeyrich's Avatar
    royeyrich Posts: 15, Reputation: 2
    New Member
    		  
    #1

    Oct 4, 2009, 02:08 AM
    Amended Returns & ITINs
    Once a social security number has been issued can amended returns be filed to replace the ITIN number filed on previous years returns? And if so can then can the EIC be claimed?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Oct 4, 2009, 06:40 AM

    No. The EIC requirement is that you must have a valid social security number. So if it is 2008 tax return, you must have valid social security number in 2008; that is on Dec 31, 2008.

    Instructions for W-7 states that apply for ITIN only if you are not eligible to get SSN.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Oct 5, 2009, 01:47 PM
    MukatA's posting is absolutely correct.

    Further, let me emphasize that amending the past years' returns to get the Earned Income Credit would be considered tax fraud if the EIC was initially granted, then later discovered by the IRS.
    Mary Chavez's Avatar
    Mary Chavez Posts: 1, Reputation: 1
    New Member
    		  
    #4

    Oct 5, 2009, 08:59 PM

    Of course you can get the credit!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Oct 6, 2009, 08:47 AM
    Mary Chavez:

    Be careful what you advise on this forum.

    Both MukatA and I made it rather clear to royeyrich that amending his return to apply for the EIC is NEITHER appropriate NOR legal if he was not legally entitled to have a SSN during the tax year in which the return was originally filed.

    Advising someone to potentially commit a criminal act is NOT something the moderators of this website would view favorably.
    Five Rings's Avatar
    Five Rings Posts: 459, Reputation: 7
    Full Member
    		  
    #6

    Oct 6, 2009, 12:06 PM

    This from the instructions on the W-7 (Application for IRS Individual Taxpayer Identification Number):

    "The ITIN is for federal tax purposes only. It does not entitle you to social security benefits and does not change your immigration
    status or your right to work in the United States. Also, individuals filing tax returns using an ITIN are not eligible for the earned income credit (EIC)."

    Mary Chavez, please consider what you say. If you can quote authority for that statement please do so.
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