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house Bill H.R. 1041

Should Unauthorized Immigrant Taxpayers be Denied Refunds for the Child Tax Credit?

Argument in favor

Unauthorized immigrants shouldn’t be able to take advantage of any of the tax breaks available to lawful residents, including the child tax credit. That’s common sense.

Vanessa's Opinion
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07/06/2017
How is it that people here illegally can file tax returns? If they are using others SS#s they are breaking the law and have no rights to ANY refunds.
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John's Opinion
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07/06/2017
Key word unauthorized immigrants I'm glad they paid the taxes but they are not citizens, so no tax credits.
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07/06/2017
YES YES YES. Cut off ALL INCENTIVES for people to cheat the system and step all over legal immigrants and hardworking taxpayers like myself and my fiancé. It's absolutely RIDICULOUS that $4.2B in tax breaks were given to undocumented immigrants in 2010. It's not fair to American taxpayers, it's not fair to legal immigrants, and it's not fair to my daughter who actually NEEDS this money and is AUTHORIZED to receive it. Vote yes this is common sense.
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Argument opposed

This bill would deny hardworking, taxpaying members of American communities a tax credit for their kid(s) because they don’t have legal status. That’s wrong.

Mancos's Opinion
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07/06/2017
Anyone who is filing their income tax should get all the benefits and credits available. They are probably paying more then our billionaire president. This is so ugly.
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Wendy's Opinion
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07/06/2017
If they're paying taxes of course they should get tax credits just like anyone else paying taxes.
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collins1129's Opinion
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07/06/2017
I really feel that this bill is meant to hurt immigrants more than it is supposed to protect Americans. I just can't support a bill with such an intent. I'd also like to note that tax deductions are not a citizen's privilege, and we should be doing our best to encourage everyone to pitch in and pay their fair share of taxes. Vote no.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on Ways and Means
    IntroducedFebruary 14th, 2017

What is House Bill H.R. 1041?

This bill — known as the SHUT Act — would deny the refundable portion of the child tax credit to individuals unless they include their Social Security number on their tax return or otherwise show that they’re authorized to work in the U.S. In effect, it would prevent unauthorized immigrants who file tax returns from getting a tax refund using the child tax credit, which is up to $1,000 for per child under age 17 depending on the income level of the parent(s) claiming the credit.

Additionally, this bill would prohibit Individual Taxpayer Identification Numbers (ITIN) from being issued by the Dept. of the Treasury unless the supporting documentary evidence is submitted to the Treasury. This effectively ends the certifying agent program, which allows individuals and entities to enter into an agreement with the IRS to assist people who don’t qualify for a Social Security Number but need an ITIN to file their tax return. The certified agent facilitates the application and authenticates the person’s identity before forwarding the forms to the IRS.

People filing tax returns using an ITIN are already barred from receiving Social Security benefits and the Earned Income Tax Credit, but no such prohibition exists for the child tax credit.

The bill's full title is the Stop Handouts to Unauthorized Taxpayers Act.

Impact

Unauthorized immigrants claiming the child tax credit on their tax return; and the IRS.

Cost of House Bill H.R. 1041

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Gus Bilirakis (R-FL) also introduced this legislation during the last session of Congress to prevent unauthorized immigrants from getting federal tax refunds for the child tax credit, saying at the time:

“Effective immigration reform requires enforcing the borders and removing the incentives for illegal immigration. It is also vital we stop wasteful and fraudulent spending, to get our nation’s fiscal course back on track. The SHUT Act achieves both of these goals. [It] is a positive step to end this waste of taxpayer money, and ensure the refundable child tax credit is there for the people it is meant to help: low-income families.”

This legislation has the support of one cosponsor in the House, Rep. Walter Jones (R-NC).


Of Note: A 2011 report prepared by the Treasury Dept.’s Inspector General found that $4.2 billion in child tax credits in 2010 were paid out to individuals who aren’t authorized to work in the U.S.


Media:

Summary by Eric Revell

(Photo Credit: free pictures of money via Flickr / Creative Commons)

AKA

SHUT Act of 2017

Official Title

To amend the Internal Revenue Code of 1986 to deny the refundable portion of the child tax credit to individuals who are not authorized to be employed in the United States and to terminate the use of certifying acceptance agents to facilitate the application process for ITINs.

    How is it that people here illegally can file tax returns? If they are using others SS#s they are breaking the law and have no rights to ANY refunds.
    Like (73)
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    Anyone who is filing their income tax should get all the benefits and credits available. They are probably paying more then our billionaire president. This is so ugly.
    Like (277)
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    If they're paying taxes of course they should get tax credits just like anyone else paying taxes.
    Like (160)
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    I really feel that this bill is meant to hurt immigrants more than it is supposed to protect Americans. I just can't support a bill with such an intent. I'd also like to note that tax deductions are not a citizen's privilege, and we should be doing our best to encourage everyone to pitch in and pay their fair share of taxes. Vote no.
    Like (149)
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    Take away deductions from millionaires not people struggling to survive.
    Like (97)
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    Not if they paid the taxes. Again, this is another bill in a long term effort to demonize Hispanics.
    Like (66)
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    Immigrants who don't have a social security number pay taxes through their ITIN. They deserve that credit for their children whom majority of the time are US citizens.
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    Key word unauthorized immigrants I'm glad they paid the taxes but they are not citizens, so no tax credits.
    Like (60)
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    YES YES YES. Cut off ALL INCENTIVES for people to cheat the system and step all over legal immigrants and hardworking taxpayers like myself and my fiancé. It's absolutely RIDICULOUS that $4.2B in tax breaks were given to undocumented immigrants in 2010. It's not fair to American taxpayers, it's not fair to legal immigrants, and it's not fair to my daughter who actually NEEDS this money and is AUTHORIZED to receive it. Vote yes this is common sense.
    Like (55)
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    I don't understand how undocumented immigrants pay taxes, but they do. And they should be entitled to the same tax credits as any other taxpayer.
    Like (43)
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    You pay taxes to this country as an illegal and you are already not entitled to a lot of the services those taxes fund. The least you should get are the Earned Income Credit if you are working and helping to drive our economy. Pretty sure most illegal immigrants pay more in taxes than our deadbeat President.
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    The United States should not deny tax credits to anyone, regardless of legal status, who is playing their taxes.
    Like (32)
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    If they pay their taxes they should be able to use all credits available to them
    Like (28)
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    Quickie answer, hell no. If your illegal, think of that withholding tax as a privilege of working in this great country…your support for living in Freedom. Your children are your problem and illegal, just like illegal patents.
    Like (26)
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    The key word here is 'taxpayer'. If they are paying their taxes, they should be eligible to get a refund.
    Like (25)
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    Some Immigrants work VERY HARD and they pay taxes. Some immigrants are given a ITIN while waiting for their asylum paperwork approval. These are hard working people who want to be a part of American society. They work. They pay taxes. Just like everyone else. Therefore they should get the same credits as everyone else. People commenting here that have no idea why these people are paying taxes should do some research. You have no idea the damage your ignorance is causing.
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    You're here illegally, that's enough credit for now. Go through the right process and then we'll talk.
    Like (21)
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    HR 1041 is an affront to any dreamer who comes to the United States looking to build a better life. It punishes our hardest working, least thanked residents who pay their taxes and want nothing more than to contribute to American society. Vote Nay on this bill and anything that resembles it.
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    Oh, come on. If someone is paying their taxes they should be able to take advantage of tax credits. This is just an underhanded attack on immigrants.
    Like (19)
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    Did I read this wrong. Do we want to give money to people who live illegally? There are people who think that is ok? Also, we should find out how they got their income and penalize if not shut down the companies/people that pay the illegals to work here. If there weren't legal Americans providing jobs, illegal immigration would less of an issue.
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