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A New Trump Proposal Would Require Tax Filers to Disclose Citizenship Status to the IRS

The draft would also tighten refundable credit eligibility and could affect mixed-status households, tax attorneys said.

  • The Trump administration's draft IRS Form 1040 for 2026 includes a new question asking if filers are United States citizens or authorized to work, according to The New York Times.
  • A companion draft, Schedule 3-A , aims to restrict refundable credits like the Earned Income Tax Credit and the Child Tax Credit by denying them to those who are not a United States citizen or 'qualified alien'.
  • Data privacy remains a focus after a federal judge determined earlier this year the IRS broke the law approximately 42,695 times by illegally revealing taxpayer information to ICE.
  • Maryland attorney Joseph Malouf warns of Fifth Amendment concerns, noting that truthful answers could potentially be used against individuals, while practitioners caution that avoiding filing carries serious consequences.
  • The IRS has not commented on the draft, which remains subject to change before the final version; households with mixed citizenship status should consult professionals before the 2026 tax season begins.
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Learn what form 1040 on citizenship and work authorization would ask and how the IRS draft could affect tax credits

·Vicente López, Argentina
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CPA Practice Advisor broke the news on Monday, September 28, 2026.
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