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Level 3
March 23, 2020
Solved

Taxpayer with SS labeled valid with work authorization only

  • March 23, 2020
  • 8 replies
  • 68 views

A taxpayer requesting EIC holding a SS stating that is valid with work authorization only, should I ask to see his Employment authorization document? and should I request EIC for him/she?

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Best answer by RollTide68

https://www.ssa.gov/ssnumber/cards.htm

Shows your name and Social Security number with the restriction, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".

We issue it to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

Start at the link above then run the EIC eligibility rules.

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit

8 replies

Just-Lisa-Now-
Intuit Community Champion
March 23, 2020

If its valid for work and they have a W2 from working....are you asking if they qualify for EIC?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Jul21720Author
Level 3
March 24, 2020

Thanks for your help. I know that taxpayers with valid work authorization qualify for EIC, but what if the work authorization has expired and has not been renewed?, how do I know  it is okay to request the EIC without getting hit with a penalty from the IRS? how do I make sure that I am complying with the IRS regulation (Due Diligence)?  Should I ask the taxpayer to show me his current work authorization document?

RollTide68
Level 7
March 23, 2020

https://www.ssa.gov/ssnumber/cards.htm

Shows your name and Social Security number with the restriction, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".

We issue it to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

Start at the link above then run the EIC eligibility rules.

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit

Intuit Community Champion
March 23, 2020

@RollTide68  Gave you the answers. Mark it solved,

If at first you don’t succeed…..find a workaround
Level 3
March 24, 2020

They must be a US Citizen or a resident alien, i.e. green card holder.  If they are neither then they do not qualify for EITC...  

Jul21720Author
Level 3
March 24, 2020

Hello there! I am a bit confused, Pub 596 states that taxpayers with valid SS need to also be Resident Aliens all year. Does it refer to green card holders specifically or to any person with valid SS (work authorization holders included) working and residing in USA for a whole year? 

Level 3
March 25, 2020

To be a "resident alien" is  synonymous with GREEN CARD holder.