Sen. Chuck Grassley, who had pressed Mr. Koskinen over the issue, released written responses Wednesday in which the commissioner admitted he'd botched the question earlier and, in fact, illegal immigrants granted the amnesty will now be able to claim refunds on tax returns they never even filed, thanks to the Earned Income Tax Credit.
"To clarify my earlier comments on EITC, not only can an individual amend a prior year return to claim EITC, but an individual who did not file a prior year return may file a return and claim EITC (subject to refund limitations under section 6511 of the Internal Revenue Code)," Mr. Koskinen said.
He insisted, however, that he doubts many illegal immigrants will take advantage of the loophole because they would have to be able to prove their earnings for those years they never filed returns.