If you're reading this, something about your tax situation has you worried. That's fair — the IRS is intimidating until you know how the rules actually work. I'm Darrin Mish, a Tampa tax attorney. I've handled cases like yours for 32 years. Let me walk you through it.
John Koskinen, commissioner of the IRS, recently reported that illegal immigrants granted amnesty by the Obama Administration could receive Earned Income Tax Credits (EITC) for years that they worked illegally. In a letter to Senator Chuck Grassley, a Republican from Iowa and Chairman of the Senate Judiciary Committee, Koskinen also clarified that these amnestied immigrants did not have to file tax returns for years they worked to get these tax credits. Click here to watch or read more information on IRS Back Taxes.
Koskinen’s statements go against what he told Grassley in February, where he noted that illegal immigrants given amnesty would only be able to get EITC for years that they filed tax returns. Koskinen’s latest statements clarify that for an illegal immigrant to get EITC, they would have to be given amnesty and an Social Security by the Obama Administration.Koskinen said that the IRS based its decision off of current legislation, adding, “Section 32 of the Internal Revenue Code requires an SSN on the return, but a taxpayer claiming the EITC is not required to have an SSN before the close of the year for which the EITC is claimed. At your request, the IRS has reviewed the relevant statutes and legislative history, and we believe that the 2000 Chief Counsel Advice (CCA) on this issue is correct.”
Koskinen later elaborated that it will be very difficult for illegal immigrants given amnesty to claim these tax credits, emphasizing that they would have to reconstruct earnings records for years that they were not able to work on the books. Nevertheless, illegal immigrants granted amnesty could receive tens of thousands of dollars in back tax refunds from the IRS due to this decision.
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