EIC for Married Couple with one spouse considered non-resident - Spidell

EIC for Married Couple with one spouse considered non-resident

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Message Board EIC for Married Couple with one spouse considered non-resident

This topic contains 3 replies, has 2 voices, and was last updated by Sandy Weiner 2 months, 1 week ago.

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  • #157170
    Luis Bravo
    Participant

    In 2018 married couple with no dependents had low income and qualifies for earned income credit. However, one spouse is under a temporary work permit due to pending immigration status for green card. Under the substantial presence test, the spouse was present 377 days in the last 3 years.

    Is the spouse with the work permit considered a resident for tax purposes for both spouses to qualify for earned income credit?

  • #157232
    Sandy Weiner
    Participant

    Is the nonwork permit spouse a resident or U.S. citizen?

  • #158746
    Luis Bravo
    Participant

    The non-work permit spouse is a U.S. citizen…

  • #158783
    Sandy Weiner
    Participant

    If the spouse has a Social Security number for employment purposes I believe they would be eligible. See IRS Pub. 596 https://www.irs.gov/pub/irs-pdf/p596.pdf