Treasury and IRS propose limiting refundable tax credits for certain immigrants |
The Treasury Department and IRS have proposed rules that would restrict certain immigrants from receiving the refundable portions of four tax credits: the child tax credit, earned income tax credit, American Opportunity tax credit, and adoption tax credit. By classifying these refunds as “federal public benefits,” the proposal could exclude people with pending asylum applications, Temporary Protected Status, DACA recipients, and other noncitizens who are authorized to work in the U.S., potentially affecting hundreds of thousands or millions of people. Affected taxpayers could still use the nonrefundable portions of eligible credits to reduce their tax liability to zero, but they would generally be unable to receive the remaining value as a refund. Lower-income households are expected to be most affected because they tend to receive a larger share of these credits as refunds. The proposal is subject to a 45-day public comment period and an Oct. 14 hearing, and, if finalized this year, would apply to 2026 tax returns filed in 2027.