EIC help

[michaelmars]

taxpayer received a ss# and do 2 of his kids who were born in the US. His wife and first child do not have ss#'s. can i take the eic? Since the wife has no income, can i take her as a dependent to qualify?

[BulldogTom]

Can't take it. Look at the questions on the EIC tab. "Does the taxpayer (and spouse if filing jointly) have a SS# that allows them to work in the US?" If the answer is no, you do not qualify for EITC.

Tom

Lodi, CA

[michaelmars]

but it also says he can file single if his wife is a nonresident alien. at least i think that is what it says. i always have trouble with this sort of situation.

[mcb39]

But Married Filing Separately does not qualify for EIC or a lot of other credits. How can he file Single if he is Married.?

[Terry D EA]

He can't file single. He is married regardless of his wife's status

[michaelmars]

THANKS all, hardly seems fair that if he was divorsed he qualifies but since he supports a wife he can't get the eic. i am not big on man social welfare in the tax code but this just seems wrong.