• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Earned income taxes --- Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

scunions

Member
I am trying to claim earned income taxes. My SS card says not valid for employement since I received the SS card a few weeks before i got married and received my green card. Now i research online and found a section on turbo tax that is telling me I cannot file the earned income tax due to my SS card saying not valid for employment. Is this coorect? Any advise would be highly appreciated.
 


abezon

Senior Member
You must have a valid for employment security card to claim EIC. "Not valid without INS approval" is fine. Can you get your card changed?
 

LdiJ

Senior Member
scunions said:
I am trying to claim earned income taxes. My SS card says not valid for employement since I received the SS card a few weeks before i got married and received my green card. Now i research online and found a section on turbo tax that is telling me I cannot file the earned income tax due to my SS card saying not valid for employment. Is this coorect? Any advise would be highly appreciated.
You should get yourself a new card....but once you have a green card it doesn't matter what your actual SS card says...you are valid for employment and eligible for EIC.

However, I also hope that you realize that you and your spouse should be filing a joint tax return, and that eligibility for EIC depends on your combined income. Your choices are married filing jointly and married filing separately. In the first instance your joint income determines EIC eligibility, in the second instance you aren't eligible for EIC at all.
 

scunions

Member
Thanks alot for your input. I am no longer married, so I wnated to file head of household and claim both of my children, since they are with me. I have emailed the SS admin., hope they can advise me what to do. If I am able to take this info of the card (not valid for employement) I should be able to claim the EI, or do I have to wait until tax year 2006?
 

LdiJ

Senior Member
scunions said:
Thanks alot for your input. I am no longer married, so I wnated to file head of household and claim both of my children, since they are with me. I have emailed the SS admin., hope they can advise me what to do. If I am able to take this info of the card (not valid for employement) I should be able to claim the EI, or do I have to wait until tax year 2006?
Again, it doesn't matter that your actual card says not eligible for employment. You become eligible for employment when you got your green card. Its merely a tecnicality that you haven't gotten a replacement card.

The SS administration doesn't have anything to do with taxes. They can provide you a replacement card however.

Just file your taxes online, using one of the online services. You will see that it will be fine. You do however need to get a replacement card.
 

scunions

Member
Thanks for your advise,

I tried to file yesterday online with turbo tax, went through the whole procedure and was asked if my SS card stated not valid for employement, of course I entered yes, and I was told that I cannot file for earned income credit, thats why i figured my next step is to get this taken off with the social security admin.....thanks
 

abezon

Senior Member
You probably have a number starting with 9, which indicates you are a nonresident alien or otherwise cannot legally work. This means no EIC. As soon as you get your card number changed, you can start claiming EIC. You may even be able to amend past years under the new number -- check with the IRS international division.
 

scunions

Member
Thanks for the advise, my SSN starts with a 1. I called the SS Admin. office and was told, like you guys said, to come in and show my greencard and I will receive my SS Card without anything written on it. The SSN will remain the same. Now, am I still going to be able to claim earned income for the year of 2005? I hope so, thanks you all.
 

LdiJ

Senior Member
scunions said:
Thanks for the advise, my SSN starts with a 1. I called the SS Admin. office and was told, like you guys said, to come in and show my greencard and I will receive my SS Card without anything written on it. The SSN will remain the same. Now, am I still going to be able to claim earned income for the year of 2005? I hope so, thanks you all.
Yes, you can claim the earned income credit for 2005. If you use Turbo Tax, when they ask you if your card states not valid for employment, say NO.
 

scunions

Member
Thanks alot, thats the website i used the other day, and I was stuck right at that question, well, i think all my questions where answered and I know what to do to straighten this mess out, thanks alot everybody.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top