Discussion:Cuban Immigrant
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Discussion Forum Index --> Tax Questions --> Cuban Immigrant
| 1 February 2006 | |
| I had a Cuban Immigrant who have come to USA just by September 2005.
He and his wife earned no more than 5000. They have two children. He asked me : Do they need to file and claim EIC? or, they just file to collect back withheld taxes? Any suggestions? | |
| 1 February 2006 | |
| Your question is a bit unclear. Are you asking if he can claim the EIC, or are you asking if he's required to file? | |
| 1 February 2006 | |
| The EIC is available to individuals who have valid social security numbers.
Since your client is a dual status alien, he may not use the standard deduction; however, he should file to claim a refund of his withheld taxes and/or the EITC. | |
| 1 February 2006 | |
| First: Do they have valid SSNs?
If " yes" file the 1040 .They are entitled to get the same credit as any other taxpayers. No dual status. If the answer is "NO". Then you have to file form W-7. Upload the form from the IRS site. Yesterday I uploaded the spanish version to ask for the ITIN # for an illegal mexican inmigrant. ITIN # allow to get some credits. - But no EIC. Then, next year, when they get valid SSNs they can file an amended return to get the EIC. If you need more clarification, I'm willing to help you. I'm in Florida. Are you in Florida? Orlando | |
| 1 February 2006 | |
| Well. If you are using a software. You don't need to download the form W7.
But you still need to download the instructions. Suerte | |
| 2 February 2006 | |
| Martineo, gracias, thank you for your comments. Yes, they have SS#, so I see
your point. Just go for 1040. My question, referring to MEJungman, was because they have only worked for 3 months, so they wonder if it was necessary to file!! And, Martineo, thank you for your offering! I'm in Kentucky. | |
| 2 February 2006 | |
| The minimum filing requirements are based on amounts earned, not on the time worked. The couple in question is under the filing minimum for a MFJ couple if the amounts were earned as W2 employees. For self-employed taxpayers the filing minimum is $400. | |
| 2 February 2006 | |
| YES - FILE ACCORDING WITH YOUR INFORMATION , THE COUPLE ARE GOING TO GET EIC
EVEN IF THE PERSON DOES NOT NEED TO FILE , THEY SHOULD DO IT TO GET A REFUND FOR THE IRS...... | |
