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kevin72193
New Member

I used to have an ITIN now i have a social can i claim the prior year EIC credits? My kids already had socials i was the only one with an itin. I am the primary.

So i know you can claim credits for eic for past years after you obtain a social because its legal and its money that corresponds to you i had family members do this already. I know people who had filed this year 1040x to claim these credits but they received letters mentioning the Tax Hike Act law that was enacted in December 2015. so from what i read that was mentioning you cant claim for dependents who had itin and now social but my case is if i am the primary and my dependents already had social can i still claim this?

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SweetieJean
Level 15

I used to have an ITIN now i have a social can i claim the prior year EIC credits? My kids already had socials i was the only one with an itin. I am the primary.

Consolidated Appropriations Act, 2016, P.L. 114-113) 

The Act prevents retroactive claims of the EITC by prohibiting individuals from claiming the credit on an amended return (or original return) for any prior year in which the individual did not have a valid Social Security number. This means that taxpayers cannot file returns claiming the credit using a Social Security number issued after the year for which the EITC is being claimed.

 http://www.thetaxadviser.com/newsletters/2016/jan/congress-makes-changes-to-popular-tax-credits.html...

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SweetieJean
Level 15

I used to have an ITIN now i have a social can i claim the prior year EIC credits? My kids already had socials i was the only one with an itin. I am the primary.

Consolidated Appropriations Act, 2016, P.L. 114-113) 

The Act prevents retroactive claims of the EITC by prohibiting individuals from claiming the credit on an amended return (or original return) for any prior year in which the individual did not have a valid Social Security number. This means that taxpayers cannot file returns claiming the credit using a Social Security number issued after the year for which the EITC is being claimed.

 http://www.thetaxadviser.com/newsletters/2016/jan/congress-makes-changes-to-popular-tax-credits.html...

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