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Level 2
September 26, 2022
Solved

IRS changed refund amount

  • September 26, 2022
  • 2 replies
  • 23 views

Hi, 

I am an international student (F-1 visa) and resident alien for tax purpose starting from 2021. I have spouse (F-2) and a child (4years, US citizen). While filing my 2021 tax return as 'married filling jointly', I also applied ITIN for my spouse and received it after 10 weeks of filing. My spouse has no earning.

 

I filed my 2021 tax using turbotax and claimed child tax credit, recovery rebate credit and earned income credit. I got a letter form IRS stating that they denied my EIC. They said:

" We didn't allow the amount claimed as Earned Income Credit (EIC) on your tax return. The individual taxpayer identification number you gave us for yourself and/or spouse was issued by the internal Revenue Service and does not qualify you for the credit."

 

It is evident that for including my spouse (having ITIN) I did not get EIC. 

 

My question is: should I file my tax next year as 'head of the family', so that I can qualify for the EIC? Does filing as 'head of the family'  overall decrease my tax refund even if I get EIC?

 

Best answer by Critter-3

If you live with your spouse then your ONLY options are to file a joint return or married filing separately.  HOH is not a valid filing status for married couples who live together. 

2 replies

Critter-3
Critter-3Answer
Level 15
September 27, 2022

If you live with your spouse then your ONLY options are to file a joint return or married filing separately.  HOH is not a valid filing status for married couples who live together. 

IR2516Author
Level 2
September 27, 2022

Thanks for your reply.  If my wife has no earnings, even then I can't file as HOH ?

 

 

VolvoGirl
Level 15
September 27, 2022

No, not if you are married and live together.  And a spouse is never a dependent.

Here's a FAQ for Head of Household

https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

 

Can a married person file Head of Household?

https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/00/26366

VolvoGirl
Level 15
September 27, 2022