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Babu
Level 1

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

One of rule for Earned Income Tax Credit (EITC) is “You must be a U.S. citizen or resident alien all year”. What is mean by all year here? I have obtained permanent resident card (green card) around in the middle of last year. Can I consider myself resident alien for the all year of 2015?  

5 Replies
ChelsiE2
New Member

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

Unfortunately, the IRS will not consider you a resident alien all year.  All year means from January 1 - December 31.  Next year you would qualify for this all year rule.

Babu
Level 1

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

But in the IRS website (the Green Card test pages) mention that an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident may choose to be treated as a resident alien for the entire calendar year. Can you please clarify this?   By the way, Turbotax software does ask the question about the resident status then how it determine about EIC qualification? it is just asking about the presence of  more than 6 months in U.S. in the last year..
ChelsiE2
New Member

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

@Babu Is this the IRS info that you're referring to?  "However, an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident may choose to be treated as a resident alien for the entire calendar year." <a rel="nofollow" target="_blank" href="https://www.irs.gov/Individuals/International-Taxpayers/Alien-Residency---Green-Card-Test">https://w...>
Babu
Level 1

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

Yes, It is IRS info..
ChelsiE2
New Member

For EITC or EIC “You must be a U.S. citizen or resident alien all year”. I have obtained green card in middle of last year. Am I resident alien all year of 2015?

@Babu If you choose to be treated as a Resident Alien for the entire year, you can do so under the Green Card Test.  If you do this, you'll need to include your world wide income from Jan 1 - Dec 31, 2015 on your tax return as well.
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