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MELMOR
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EIC AND ITINS

DOES MY CLIENT LOOSES THE EIC BY CLAIMING A THIRD CHILD WITH AN ITIN NUMBER ?

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tilt53
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01/17/11 4:45pm PST

Did you read the IRS instructions? http://www.eitc.irs.gov/rptoolkit/main/

Is it time yet?

We are volunteers and are not compensated or supported by Intuit. For additional help please call Intuit Support (800-434-6818).
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Just did !! Thank you !!

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01/17/11 4:47pm PST

I don't do much in way of EIC and none with ITINS, but that is some weird math there.  Why would a third kid erase the first two?

Ninety percent of tax preparation is half mental.
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IT DOESN'T ERASE THE 3RD KID.  IS JUST THE EIC GOES AWAY ,,,

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the 3th kid dose not qualify for the EITC  but dose not disqualify  the other 2 kids any one with the ITIN number do not qualify for the EITC,

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01/17/11 4:49pm PST

Makes me want to pull my teeth out trying to get preparers to read what IRS says...Thanks Tilt

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Don't hurt yourself pulling out those tusks.

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01/17/11 4:58pm PST
The solution

<<DOES MY CLIENT LOOSES THE EIC BY CLAIMING A THIRD CHILD WITH AN ITIN NUMBER ?>>

Melmor, I apologize if English is not your first language, but in the future, please check your posting:

Does my client lose the EIC ...?

And try to avoid all caps, as it is difficult to read.

I'm calmer now. Whew!
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aryisurero
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01/18/11 12:03am PST

Be constructive and provide some meaningful advise. Don't waste your time putting others down in order to feel better about yourself.

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IRMN
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01/18/11 6:43am PST

Sorry aryisurero, but it doesn't appear that you followed your own advice by posting that... Are you related to Mount Juliet?

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Mt Juliet CPA
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01/18/11 6:45am PST

No He is your twin brother IRMN

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01/18/11 7:39am PST

There is a slight resemblance, but I don't have that nice of a smile.

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The answer is no. The only way you loose total EITC is if the taxpayer or spouse if MFJ file using an ITIN. Your client will not get any EITC for the child with the ITIN.

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MELMOR
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01/18/11 8:09pm PST

Thank you for your response. 

I have a couple with good socials and two kids with good socials.  However, they just acquired legal custody of  a THIRD child that has an ITIN.  My concern is that I always understood that EVERYONE in the tax return must have good social and that the third child may disqualify them for the entire EIC ...??

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aryisurero
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01/18/11 8:25pm PST

I don't know if you read my latest post but it is worth trying to solve it with the exact scenario you are describing. Trust me, it will be a good learning experience and a good tool for the future.

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01/18/11 11:43am PST

YES; your client loses the EIC if any one person on the tax return have an ITIN.  Everyone on that tax return must have a valid SSN.  go to http://www.eitc.irs.gov/central/hot/

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MELMOR
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Thank you for your response Maria ... Are u sure about your answer ?? I understood that only if the taxpayer or the spouse has ITIN then they lose the credit ?  And the IRS Pub. is not very clear about that.  I have a couple with good socials, two dependents qualifying for EIC but a third child with an ITIN ?  My concern is if that third child will disqualify them for the entire EIC ?

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aryisurero
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01/18/11 8:16pm PST

I don't mean to create controversy but  the rule states only that any parents with an ITIN disqualifies the entire return for EITC. One way you can experiment with this is to create the scenario with Proseries and just mark the child with the ITIN as a non-qualifying person. I have been preparing returns for over 20 years and returns that include EITC since the inception of the ITIN program and I am pretty certain of the advise I am providing.

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01/18/11 7:50pm PST

YOUR ANSWER DIDN'T HELP MY QUESTION.  HOWEVER. THANK YOU FOR YOUR ENGLISH LESSON ...

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Maria1
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01/18/11 9:18pm PST

Publication 596 Earned Income Credit (EIC) page 17-18

Social security number. Your qualifying child must have a valid social security
number (SSN), unless the child was born and died in 2010 and you attach to your return a copy of the child’s birth certificate, death certificate, or hospital records showing a live birth.You cannot claim the EIC on the basis of a qualifying child if:
1. Your qualifying child’s SSN is missing from your tax return or is incorrect,
2. Your qualifying child’s social security card says “Not valid for employment” and was
issued for use in getting a federally funded benefit, or
3. Instead of an SSN, your qualifying child has:
a. An individual taxpayer identification number (ITIN), which is issued to a
noncitizen who cannot get an SSN, or
b. An adoption taxpayer identification number (ATIN), issued to adopting parents
who cannot get an SSN for the child being adopted until the adoption is final.
If you have more than one qualifying child and only one has a valid SSN, you can claim
the EIC only on the basis of that child. For more information about SSNs, see Rule 2.

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