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DaveF1006
Expert Alumni

2021 Dual-status resident - first year-choice for whole 2021. Unsure about eligibility and potential benefits.

Yes, this is correct because a green card holder is considered a permanent resident but still does not have all the benefits as a US citizen has thus is still considered a resident alien. If he or she is not in the US for at least six months, they are not eligible for the earned income credit.

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2021 Dual-status resident - first year-choice for whole 2021. Unsure about eligibility and potential benefits.

 

2021 Dual-status resident - first year-choice for whole 2021. Unsure about eligibility and potential benefits.

 
DaveF1006
Expert Alumni

2021 Dual-status resident - first year-choice for whole 2021. Unsure about eligibility and potential benefits.

It depends. it is difficult to ascertain how the IRS deals with certain circumstances. it usually is handled on a case by case basis so it is difficult to speculate how they would view your circumstance.

 

By filing an amendment however, it does show good faith on your part because you realized you made an error and willing to make amends for this mistake. They may issue you a letter either disallowing the EIC in the future or require you to file a Form 8862. My suggestion is to prepare the amendment, print and mail the amended tax return, and include a statement that you were not aware of the filing requirement, that it wasn't a willful, reckless disregard of the rules, and that it wasn't intentional on your part.

 

Just an FYI, If the IRS determined a taxpayer claimed the credit(s) due to reckless or intentional disregard of the rules (not due to math or clerical errors) the taxpayer can’t claim the credit(s) for 2 tax years. If the error was due to fraud, then the taxpayer can’t claim the credit(s) for 10 tax years.

 

Disallowance of Certain Credits

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