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My husband has an ITIN and I have a SSN, what can affect on receiving the EIC?

Ontario, CA |

I have been married for a year now and planning to file taxes. My husband is currently using an ITIN, I have no idea what can affect me and my two children(Children are not his) when he claims us on this year taxes. I have been working but was paid cash and been depositing into my account, my question is, can I file like before, claim my children and still recieve the EIC? and make my husband make his own taxes ? I need advice

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Filed under: Tax return Tax law
Attorney answers 2


Your best bet is probably to file married/joint and you should still be able to receive the EIC. Whether you will actually receive it, and how much you receive, will depend on how much income you and your husband have.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


Your only two choices are to file as married filing jointly or married filing separately. It is usually a good idea when you have a question such as yours to prepare the tax return both ways and then file the return that gives you the best combined result. By the way, if you are paid cash it is still taxable income.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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