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#26
01-30-2013, 02:34 AM
Senior Member
Joined in Jan 2013
485 posts
kaptainslapaho
Quote:
Originally Posted by itzel785 View Post
Ive tried some of those outfits like TurboTax and TaxAct online. When I did the TurboTax, they say I qualify for the EIC which is the Earned Income Tax Credit. With your W-2, it just means more money in your pocket. Well, Turbo Tax qualified me for it. TaxAct didnt.

TaxAct didnt because they put me in the non resident category. Now, I understand that with DACA we receive no legal status (citizenship, temporary/permanent residency) but for tax purposes, we actually are put in the resident category.

First, to get the EIC, you must be a US citizen or resident aliean all year or nonresident alien married to a US citizen or resident alient and filing a joint return.

If you already got approved for DACA, you pass the susbtantial presence test mentioned in Publication 519 found on the IRS website.

To be catergorized as a resident you have to pass 1 of 2 tests mentioned in Publication 519. The Green card test, which is pretty much having a green card or the Substantial Presence test, which is being in the country during the tax year for a certain # of days.

To be approved for DACA, we need to prove we were in the country for a certain amount of years. Just by being approved for DACA immediately makes you pass the substantial presence test, therefore when you file because you are filing as a "resident" you can claim the EITC. Good luck to all!!!

Heres the links to Publication 519 and more about EITC:

http://www.irs.gov/pub/irs-pdf/p519.pdf

http://www.irs.gov/Individuals/EITC,...ns-and-Answers
I am a fan of Freetaxusa.com
it will ask the necessary questions and will let you put
your ITIN for your information and a different number
on your W2 forms. .I know some of the other websites I tried
wouldnt let me do that.
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