How do I apply for the California Earned Income Tax Credit (CalEITC) if I file my taxes with an ITIN?
You can apply for the California Earned Income Tax Credit (CalEITC) with your ITIN by filing a California state tax return and meeting all other eligibility rules. There is no separate application for the credit.
Here is how to apply:
Step 1: Confirm You Are Eligible
You must meet all requirements. This includes having earned income within the set limits for the tax year, living in California for more than half the year, and having a valid ITIN for yourself, your spouse (if filing jointly), and any qualifying children you claim. You can find the current income limits on the California Franchise Tax Board (FTB) website.
Step 2: Collect Your Documents
Gather all necessary paperwork. This includes your ITIN confirmation letter from the IRS, W-2 forms from employers, 1099 forms for self-employment income, and records of any business expenses. You will also need valid ITINs or Social Security Numbers for everyone listed on your tax return.
Step 3: Complete California Tax Form 540
The CalEITC is claimed on the California Resident Income Tax Return, Form 540. Tax preparation software or a tax preparer will automatically check your eligibility and calculate the credit for you based on the information you provide.
Step 4: File Your Tax Return by the Deadline
File your completed Form 540 with the Franchise Tax Board by the state's tax filing deadline, which is typically April 15th. You can file online using CalFile or other approved software, file by mail, or get help from a professional. Free tax help is available through Volunteer Income Tax Assistance (VITA) sites.
Important details and nuances:
When you claim the CalEITC, you should also check if you qualify for the Young Child Tax Credit (YCTC). You may be eligible if you have a qualifying child under the age of six. If you were eligible in previous years but did not claim the credit, you can file an amended tax return for up to three prior years.
Warnings and limitations:
Your ITIN must be valid and issued by the IRS before the tax filing deadline. If your ITIN has expired, you must renew it. Earned income comes from work you perform, not from sources like unemployment benefits. Under California law, the FTB cannot share your citizenship or immigration status with federal immigration authorities.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney or a licensed tax professional.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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