You have to admit it sounds crazy. The normal rule is that the IRS can audit for three years, so you can usually go back three years to amend your return or claim a credit you forgot. What if you never had any income or never filed a return? Just wait. Since an illegal immigrant under President Obama’s executive action can now get a Social Security Number, the immigrant road map is clear.
First, get the Social, then claim the Earned Income Tax Credit for the three open tax years, and Voila! IRS sends you three years of tax refunds. Welcome to America! No matter that you never paid taxes, never filed a return, worked off the books, etc. All sins forgiven. And the IRS says this is the way the Earned Income Tax Credit works. Recall that the Earned Income Tax Credit—EITC to those in the tax biz—is the one that is responsible for billions in fraudulent refunds.
In that sense, this is just one more accolade for the EITC. If this sounds too good to be true, or too strange to be possible, check out what the IRS says about the Earned Income Tax Credit, including this list of questions and answers. It makes you wonder if he knew in advance of the tax refund bonanza for illegal immigrants or this is just gravy. Regardless, Republicans are not happy with the President or the IRS Commissioner.
Commissioner Koskinen may just be the messenger, though he does not appear to mind doing the President’s bidding. Mr. Koskinen explained the seemingly bizarre result to Sen. Charles Grassley (R-Iowa). Mr. Koskinen says the IRS is following a 15-year-old opinion that “a taxpayer may claim the Earned Income Tax Credit (EITC) for a taxable year using a social security number (SSN) acquired in a later taxable year.”
Calling the three year tax refund perk a mockery of the law, Senator Grassley noted that illegals would be able to claim billions of dollars in tax benefits. He vowed to push legislation to overturn the IRS position. “The tax code shouldn’t reward those who broke our immigration laws,” he said. Of course, there are many other reasons that the President’s executive action on immigration remain highly controversial.
So far, the President hasn’t backed down on changing our immigration laws by himself. A court battle over the executive action is underway. As a result, the court has temporarily put the President’s plans on hold. Yet more than tax dollars are at stake.
If the President’s executive action is ultimately upheld by the courts, the illegal immigrants in question would not only get Social Security numbers, and now tax refunds. They would apparently be entitled to driver’s licenses. Moreover, some commentators have suggested that Obamacare could make illegal immigrants more attractive to hire than U.S. born workers. Kafka must be taking notice.
For alerts to future tax articles, follow me on Forbes. You can reach me at Wood@WoodLLP.com. This discussion is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.
via The Tax Lawyer http://ift.tt/1BCBfhm