IRS Could, for the First Time, Add a Question About Immigration Status to Form 1040
The draft would ask filers about citizenship or work authorization for the first time as the IRS weighs eligibility for certain tax credits.
- The IRS released a draft of Form 1040 that adds a single yes-or-no question asking taxpayers and their spouses whether they are U.S. citizens, nationals, or legally authorized to work in the country.
- Legal expert Joseph Malouf suggests the proposed question could determine eligibility for specific federal tax credits. The Treasury Department and the IRS proposed regulations in August limiting access to the Child Tax Credit, American Opportunity Tax Credit, Earned Income Tax Credit, and Adoption Tax Credit.
- While the draft remains unfinalized for the 2027 tax season, Telemundo Digital contacted the IRS to ask why the question was proposed and how the information would be used but received no response at publication.
- This proposal raises concerns regarding taxpayer privacy and data sharing with other agencies. Federal courts previously determined the IRS illegally disclosed taxpayer information to ICE, despite Section 6103 of the Internal Revenue Code generally protecting confidentiality.
- If the question remains in the final version, Form 1040 will apply to 2026 tax returns during the 2027 tax season, aligning with Treasury Department efforts to restrict eligibility for public benefits to citizens and qualifying noncitizens.
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28 Articles
The proposed question seeks for the taxpayer to indicate whether he is a citizen, a U.S. national or a foreigner legally authorized to work.
The U.S. Internal Revenue Service (IRS) published a draft of Form 1040 for fiscal year 2026 that includes a new question about the citizenship and immigration status of individuals filing their tax return. IRS will ask about citizenship in taxes “At the time of filing your tax return, is it [...]
Telemundo Fresno
The draft has not yet been finalized. If approved, it would be the first time the IRS asks about citizenship on Form 1040.
Taxpayers are used to the routine questions of Form 1040, the annual federal tax return that most taxpayers use, from marital status and wages to deductions and credits. But next year’s form could include a very different question about citizenship and authorization to work. The IRS published a draft of Form 1040 that adds a single question for taxpayers — and their spouses if they submit a joint statement — about whether they are U.S. citizens,…
Telemundo Area de la Bahía 48The draft has not yet been finalized. If approved, it would be the first time the IRS asks about citizenship on Form 1040.
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