Tags: Immigration | IRS | illegal immigrants | amnesty | immigration reform | tax refunds

IRS: Illegals Granted Amnesty Can File For Back Tax Refunds

By    |   Thursday, 04 Jun 2015 10:18 PM

Illegal immigrants granted amnesty under President Barack Obama's immigration reform will be able to claim back tax refunds from years in which they never filed taxes, the IRS said.

According to the Washington Times, IRS Commissioner John Koskinen told Congress in a letter the roughly 5 million illegal immigrants who could be granted amnesty under Obama's plan will be eligible to take advantage of the Earned Income Tax Credit.

"To clarify my earlier comments on EITC, not only can an individual amend a prior year return to claim EITC, but an individual who did not file a prior year return may file a return and claim EITC (subject to refund limitations under section 6511 of the Internal Revenue Code)," Koskinen said in written responses to a request from Sen. Chuck Grassley, R-Iowa. Grassley released Koskinen's comments Wednesday.

Despite the policy, Koskinen doesn't think many illegal immigrants will file for back tax returns because they'll have to produce official documentation that shows how much they earned in a given year.

"Filers would have to reconstruct earnings and other records for years when they were not able to work on the books," Koskinen said.

Under Obama's immigration orders, which are currently stuck on hold in the court system as judges determine whether they are legal as defined by the Constitution, would provide work permits to those who receive amnesty. Those permits would then be used to create a Social Security number.

The IRS determined that once a Social Security number (SSN) is obtained, an individual could go ahead and file for a back tax return for up to three years, including years when they were illegal workers earning money off the books.

"Section 32 of the Internal Revenue Code requires an SSN on the return, but a taxpayer claiming the EITC is not required to have an SSN before the close of the year for which the EITC is claimed," Koskinen said, reports the Times. "At your request, the IRS has reviewed the relevant statutes and legislative history, and we believe that the 2000 Chief Counsel Advice (CCA) on this issue is correct."

The majority of Americans agree with last month's federal appeals court decision that kept the hold on Obama's immigration orders. The issue could eventually wind up in the hands of the Supreme Court.

Republicans and law enforcement officials praised last month's ruling, with Texas Gov. Greg Abbott saying, "The Constitution wins."

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Illegal immigrants granted amnesty under President Barack Obama's immigration reform will be able to claim back tax refunds from years in which they never filed taxes, the IRS said.
IRS, illegal immigrants, amnesty, immigration reform, tax refunds
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2015-18-04
Thursday, 04 Jun 2015 10:18 PM
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