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Old 02-06-2012, 09:31 AM
 
Location: California
2,477 posts, read 1,712,641 times
Reputation: 299

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Quote:
Originally Posted by succinct2 View Post
Only tax fraud LR was ever involved in was his own...
I haven't posted in this topic or in the past few days "Olecapt" so I wonder why my initials are being brought into this? Nothing like giving yourself away again.

Quote:
Originally Posted by IBMMuseum View Post
Direct from the IRS information:

"To qualify for EITC, you and your spouse, if filing a joint return, must have a valid Social Security Number or SSN issued by the Social Security Administration.

Any qualifying child listed on the Schedule EIC must also have a valid SSN unless the child was born and died during the year. You cannot use Individual Taxpayer Identification Numbers (ITINs) or Adoption Taxpayer Identification Numbers (ATINs) to claim EITC..."
(http://www.irs.gov/individuals/article/0,,id=218765,00.html - broken link)

On IRS forms the information is generally listed that everyone within the household must each have valid Social Security numbers...



Then how come YOu told me a Google search would find the the information for YOur sourcing?...

Do YOu consider Edwin Rubenstein to be a valid "Economist" with no errors in the information he puts out?...
I think Purple Rain is referring to this report for which you and I already discussed and you completely agreed with what it says, since this is the loophole that is being discussed by the OP. Individuals Who Are Not Authorized to Work in the United States Were Paid $4.2 Billion in Refundable Credits
Quote:
Claims for the ACTC by ITIN filers have increased from $924 million in Processing Year 2005 (the calendar year in which the tax return was processed) to $4.2 billion in Processing Year 2010.
The only thing I could find about the EITC (not the same as the ACTC) is this:http://www.irs.gov/pub/irs-wd/0028034.pdf
Quote:
But a little-known ruling, by obscure officials of the Internal Revenue Service (IRS) in the last year of the Clinton administration, opened the door to illegal aliens claiming and receiving EITC benefits.
On June 9, 2000, a "Chief Counsel Advice" was published in the name of "Mary Oppenheimer, Acting Assistant Chief Counsel (Employee Benefits)", though it was signed by "Mark Schwimmer, Senior Technician Reviewer". This document advises IRS employees that illegal aliens who are disqualified from receiving the EITC can retroactively receive EITC benefits for years worked without a valid Social Security number if, after receiving a valid Social Security number, they file an amended return for the previous years worked.
Thus, illegal aliens who obtain legal work authorization, either by qualifying for a work visa or by dispensation granted by Congress or the immigration authorities, and who then obtain a valid Social Security number, can claim the EITC for previous years worked without a Social Security number as long as such claims are not barred by a statute of limitations, generally within three years.
The document does state that, "Chief Counsel Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be cited as precedent." But if you are advising taxpayers described in this document, who previously worked illegally but now have work authorization, a published IRS document like this constitutes sufficient authority for filing an amended tax return to claim the EITC for the previous years. http://www.newsworks.org/index.php/b...ome-tax-credit

Last edited by Liquid Reigns; 02-06-2012 at 09:40 AM..
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Old 02-06-2012, 09:33 AM
 
Location: Maryland
15,179 posts, read 15,816,809 times
Reputation: 3028
Quote:
Originally Posted by IBMMuseum View Post
Direct from the IRS information:

"To qualify for EITC, you and your spouse, if filing a joint return, must have a valid Social Security Number or SSN issued by the Social Security Administration.

Any qualifying child listed on the Schedule EIC must also have a valid SSN unless the child was born and died during the year. You cannot use Individual Taxpayer Identification Numbers (ITINs) or Adoption Taxpayer Identification Numbers (ATINs) to claim EITC..."
(http://www.irs.gov/individuals/article/0,,id=218765,00.html - broken link)

On IRS forms the information is generally listed that everyone within the household must each have valid Social Security numbers...



Then how come YOu told me a Google search would find the the information for YOur sourcing?...

Do YOu consider Edwin Rubenstein to be a valid "Economist" with no errors in the information he puts out?...
Do you actually believe a little thing like "the law" prevents illegals from receiving these tax credits? Don't they routinely resort to theft and fraud to avail themselves of all of our benefits? C'mon, remember who we're discussing.
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Old 02-06-2012, 10:34 AM
 
Location: Jacurutu
5,302 posts, read 4,012,769 times
Reputation: 601
Quote:
Originally Posted by Liquid Reigns View Post
...I think Purple Rain is referring to this report for which you and I already discussed and you completely agreed with what it says, since this is the loophole that is being discussed by the OP. Individuals Who Are Not Authorized to Work in the United States Were Paid $4.2 Billion in Refundable Credits
The only thing I could find about the EITC (not the same as the ACTC) is this:http://www.irs.gov/pub/irs-wd/0028034.pdf
I knew about the past EITC filing abilities (remember that I had to file taxes while being married, but before my wife and kids had Social Security numbers), but YOu are saying a former IRS tax fraud investigator is confusing EITC (which she calls it "EIC") and ACTC. She also told me to look for her sourcing on Google, then later said it was internal IRS information. Why the detail that the IRS has systems to readily detect fraud, but a former tax fraud investigator is choosing a City-Data forum to release the findings, is unknown at this time.
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Old 02-06-2012, 10:44 AM
 
Location: Jacurutu
5,302 posts, read 4,012,769 times
Reputation: 601
Quote:
Originally Posted by Benicar View Post
Do you actually believe a little thing like "the law" prevents illegals from receiving these tax credits? Don't they routinely resort to theft and fraud to avail themselves of all of our benefits? C'mon, remember who we're discussing.
I'm sourcing information that the IRS has in place. YOur question would be better directed at the former IRS tax fraud investigator that is participating on this topic. For grand conspiracy theories of the IRS being complicit or doing something else than the criteria they have up, I am not going to participate in that thread derailment.

Do we need a poll to show whom supports Edwin Rubenstein's views on illegal aliens receiving EITC?...

I'll be more careful on my answer to that one...
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Old 02-06-2012, 11:15 AM
 
Location: San Diego
32,801 posts, read 30,052,880 times
Reputation: 17694
Quote:
Originally Posted by Benicar View Post
Do you actually believe a little thing like "the law" prevents illegals from receiving these tax credits? Don't they routinely resort to theft and fraud to avail themselves of all of our benefits? C'mon, remember who we're discussing.
Massive sweep in ID theft/tax fraud,Greeley,CO - [domain blocked due to spam]

I'm sure there are many, many more.
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Old 02-06-2012, 11:33 AM
 
Location: Jacurutu
5,302 posts, read 4,012,769 times
Reputation: 601
Quote:
Originally Posted by 1AngryTaxPayer View Post
YOu've linked to [domain blocked due to spam], not the original article (| Greeley Tribune (http://www.greeleytribune.com/article/20081114/NEWS01/811139961/1051&ParentProfile=1001&title=Weld%20cracks%20down %20on%201%2C300%20ID%20theft%20cases): - broken link)

"Invalid Article Friday, November 14, 2008
This is an invalid article or has been removed from our site."
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Old 02-06-2012, 11:55 AM
 
Location: Maryland
15,179 posts, read 15,816,809 times
Reputation: 3028
Quote:
Originally Posted by IBMMuseum View Post
I'm sourcing information that the IRS has in place. YOur question would be better directed at the former IRS tax fraud investigator that is participating on this topic. For grand conspiracy theories of the IRS being complicit or doing something else than the criteria they have up, I am not going to participate in that thread derailment.

Do we need a poll to show whom supports Edwin Rubenstein's views on illegal aliens receiving EITC?...

I'll be more careful on my answer to that one...
No, we don't need a poll. Following is an official report which clearly substantiates the claim that illegals are receiving BILLIONS from the IRS by exploiting the ACTC (Additional Child Tax Credit); which, unfortunately, they ARE eligible to claim. As usual, they have found a loophole. Same church, different pew.


Quote:
MEMORANDUM FOR COMMISSIONER, WAGE AND INVESTMENT DIVISION
CHIEF, CRIMINAL INVESTIGATION



FROM: (for) Michael R. Phillips /s/ Michael E. McKenney

Deputy Inspector General for Audit



SUBJECT: Final Audit Report – Individuals Who Are Not Authorized to Work in the United States Were Paid $4.2 Billion in Refundable Credits (Audit # 200940031)
Excerpts. . . .

Quote:
An ITIN does not authorize an individual to work in the United States or provide eligibility for Social Security benefits or the Earned Income Tax Credit (EITC); however, the IRS currently processes claims for the Additional Child Tax Credit (ACTC), a refundable tax credit, filed by taxpayers with ITINs.
Quote:
Nonetheless, IRS management’s view is that the law does not provide sufficient legal authority for the IRS to disallow the ACTC to ITIN filers. In addition, the Internal Revenue Code does not require an SSN to claim the ACTC and does not provide the IRS math error authority to deny the credit without an examination. As such, the IRS continues to pay the ACTC to ITIN filers.

The ACTC is the refundable portion of the Child Tax Credit (CTC). The CTC can reduce an individual’s taxes owed by as much as $1,000 for each qualifying child. The ACTC is provided in addition to the CTC to individuals whose taxes owed were less than the amount of CTC they were entitled to claim. The ACTC is always the refundable portion of the CTC, which means an individual claiming the ACTC receives a refund even if no income tax was withheld or paid. As with all refundable credits, the risk of fraud for these types of claims is significant.
Quote:
Many individuals who are not authorized to work in the United States, and thus not eligible to obtain a Social Security Number (SSN) for employment, earn income in the United States. The Internal Revenue Service (IRS) provides such individuals with an Individual Taxpayer Identification Number (ITIN) to facilitate their filing of tax returns. Although the law prohibits aliens residing without authorization in the United States from receiving most Federal public benefits, an increasing number of these individuals are filing tax returns claiming the Additional Child Tax Credit (ACTC), a refundable tax credit intended for working families. The payment of Federal funds through this tax benefit appears to provide an additional incentive for aliens to enter, reside, and work in the United States without authorization, which contradicts Federal law and policy to remove such incentives.
Click the following link, and you will see that this report originated from the U.S. Treasury Department website (http://www.treasury.gov/tigta/auditr...1141061fr.html).



Individuals Who Are Not Authorized to Work in the United States Were Paid $4.2 Billion in Refundable Credits

Last edited by Benicar; 02-06-2012 at 12:04 PM..
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Old 02-06-2012, 12:17 PM
 
Location: Maryland
15,179 posts, read 15,816,809 times
Reputation: 3028
Quote:
Originally Posted by Liquid Reigns View Post
I haven't posted in this topic or in the past few days "Olecapt" so I wonder why my initials are being brought into this? Nothing like giving yourself away again.

I think Purple Rain is referring to this report for which you and I already discussed and you completely agreed with what it says, since this is the loophole that is being discussed by the OP. Individuals Who Are Not Authorized to Work in the United States Were Paid $4.2 Billion in Refundable Credits
The only thing I could find about the EITC (not the same as the ACTC) is this:http://www.irs.gov/pub/irs-wd/0028034.pdf
Sorry, I didn't notice your link when I posted mine. Since you already discussed this with IBM, he is obviously aware of the loophole illegals exploit, as well as the billions they have received. It's irrelevant if they receive billions of tax dollars through the EITC or the ACTC. The result is the same. Taxpayers are being screwed.
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Old 02-06-2012, 12:17 PM
 
Location: Jacurutu
5,302 posts, read 4,012,769 times
Reputation: 601
Quote:
Originally Posted by Benicar View Post
No, we don't need a poll. Following is an official report which clearly substantiates the claim that illegals are receiving BILLIONS from the IRS by exploiting the ACTC (Additional Child Tax Credit); which, unfortunately, they ARE eligible to claim. As usual, they have found a loophole. Same church, different pew. ...
Which I and others commented on at the time: It isn't illegal to claim the ACTC with an ITIN (there is no "loophole"), blame the IRS instead...

My sourced IRS reference is specific to the EITC, not the ACTC...
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Old 02-06-2012, 12:24 PM
 
Location: Maryland
15,179 posts, read 15,816,809 times
Reputation: 3028
Quote:
Originally Posted by IBMMuseum View Post
Which I and others commented on at the time: It isn't illegal to claim the ACTC with an ITIN (there is no "loophole"), blame the IRS instead...

My sourced IRS reference is specific to the EITC, not the ACTC...
Of course there's a loophole, it's called the ACTC. And, illegals have exploited it to the max, to the tune of 4.2 BILLION dollars. It doesn't matter if we are being fleeced through the EITC or the ACTC. We are still being fleeced. But, hopefully, this travesty will soon end.
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