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?
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.
And you can not get the EIC if you file Married Filing Separately.
Here are 2 Turbo Tax articles on the EIC Earned Income Credit……
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.
And you can not get the EIC if you file Married Filing Separately.
Here are 2 Turbo Tax articles on the EIC Earned Income Credit……
Thanks for your reply. If my wife has no earnings, even then I can't file as HOH ?
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?
Got it. Thanks again
I have a follow up question. my wife will have a valid SSN later of year 2023. Then should we be eligible for EIC for 2023 tax return?
I have seen that I can claim EIC for prior years. But don't know much if there is any catch.