EIC Credit and Nonresidents

[Note: This answer is totally incorrect. See the comments below the answer.]


Today TaxMama® hears from Reginald in the TaxQuips Forum who has this question.  “Is the Earned Income Credit available to a US citizen couple, married filing a joint return, who live out of the country? They do have qualifying children. The only reference I can find refers to Non-Resident Aliens, these folks are Non-Resident Citizens.”

Ask TaxMama

Hi Reginald,

Yes, if they are US citizens, they are certainly eligible for the EIC, regardless of where they live.

Under the question about who is entitled to the Earned Income Credit, IRS includes this statement:

You must be a U.S. citizen or resident alien all year, or a nonresident alien married to a U.S. citizen or resident alien and filing a joint return.

Children of US citizens are US citizens, regardless of where they were born. Although, they may get the privilege of dual citizenship, if they choose.

And remember, you can find answers to all kinds of questions about the earned income credit and other tax issues, free. Where? Where else? At www.TaxMama.com.

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