Besides filing a tax return, people must meet various requirements. Some of these requirements apply to everyone. Then there are additional requirements that only apply to families, and another set of requirements that only apply to people without children.
Rules for Everyone:
- You must have earned income, such as wages, tips or the income you make from running a business or farm. Most other types of income, such as retirement pensions, though usually taxable, do not count as earned income.
- You must have a valid Social Security number for yourself, your spouse and your qualifying children.
- You can get the credit, even if you have a small amount of investment income, such as interest from a bank account. However, the amount of your investment income is limited to $3,150.
- Your filing status must be single, head of household, married filing jointly or qualifying widow or widower. If you file as married filing separately, you cannot get the credit.
- Generally, you must be either a U.S. citizen or resident alien.
- You cannot be a qualifying child of another person.
- You cannot file Form 2555 or Form 2555-EZ. These forms are used to claim the foreign earned income exclusion, a tax benefit for Americans who live and work abroad.
In addition, your income must be below certain limits. For tax year 2011, both earned income and adjusted gross income (AGI) must each be less than:
- $13,660 ($18,740 married filing jointly) with no qualifying children
- $36,052 ($41,132 married filing jointly) with one qualifying child
- $40,964 ($46,044 married filing jointly) with two qualifying children
- $43,998 ($49,078 married filing jointly) with three or more qualifying children
Special Rules for Families
If you claim the credit, based on having one or more qualifying children, each child must meet the relationship test, age test and residency test. Each child must meet all three tests.
Relationship test. The child is your:
- Son or daughter, including an adopted child or child placed for adoption,
- Stepchild or grandchild,
- Foster child placed by an authorized placement agency or court,
- Brother, sister, stepbrother, stepsister, half brother, half sister or a descendant of any of them.
Age test. At the end of 2011, the child was younger than you or your spouse. And:
- Younger than 19,
- Younger than 24 and a full-time student, or
- Any age if permanently and totally disabled
Residency test. The child lived with you in the U.S. for more than half of 2011. In addition, if a qualifying child files a joint return, he or she can only do so to claim a refund.
- A qualifying child cannot be used by more than one person to claim EITC. If a child meets the rules to be a qualifying child of more than one person, only one person can use that child to claim the EITC. Also, if a qualifying child can be claimed by both a parent and another person, the other person can only get the credit if his or her AGI is higher than the parent’s.
Special Rules for People Who Have No Children. Taxpayers without a qualifying child must meet three additional tests:
- Lived in the U.S. for more than half of 2011,
- At the end of 2011, was at least age 25, but under age 65,
- Cannot qualify as the dependent of another person.
Special Rule for Combat Pay. Combat pay received by members of the military serving in Afghanistan, Iraq and other combat zone localities is usually exempt from tax. But under a special rule, you can choose to count all of this income when you figure the EITC. In many cases, making this choice will enable you to claim the credit, or if you are already eligible, claim a larger credit.
Avoid Errors and Seek Accuracy
Even if someone else prepares your tax return, you are still responsible for the accuracy of your return. Because the EITC can be complex, many people claiming it make mistakes. Get help if you are not sure you qualify. Common errors include:
- Claiming a child who is not a qualifying child.
- Filing as single or head of household when you are actually married.
- Reporting incorrect income amounts.
- Missing or incorrect Social Security numbers for you, your spouse or your qualifying children.
If you receive an IRS letter requesting additional information, reply immediately to avoid delaying your refund. If you need help, call the phone number shown in the letter.
IRS.gov
@IRSTax
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