IRS changed refund amount

[IR2516]

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?

[Critter-3 · Accepted solution]

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. 

[VolvoGirl · Accepted solution]

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……

http://turbotax.intuit.com/tax-tools/tax-tips/Tax-Deductions-and-Credits/Earned-Income-Credit/INF120...

https://ttlc.intuit.com/community/credits-and-deductions/help/what-are-the-qualifications-for-the-ea...

[IR2516]

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

[VolvoGirl]

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-s...

[IR2516]

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.

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/how-to-claim-the-earned-...

[Critter-3]

For the 2022 filing ... do not file the return until the number is issued ... put yourself on extension if needed and wait for the number.

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