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File My 1040x Electronically

Tax Cut 2011 SoftwareE File My State Taxes For FreeFree State Income Tax PreparationDfas MilAmending Federal Tax ReturnsState Taxes Filing2011 Irs Forms And PublicationsH&r Block Taxes 2011Free Tax Act 2012Free Tax FilingIrs Gov 1040x FormWww Free State Tax ReturnIrs Form 1040How Do I Amend My Tax ReturnFreetaxusa 2010Tax Chart2040 Ez FormAmmended Tax FormFree Tax Filing 2012 State And FederalPrint Free 2010 1040ez Tax FormAmended Tax Return 2012State Tax Mailing AddressIrs 1040 Ez Form 20121040ez Form 2011 PrintableNavy Federal2012 Tax1040nr TurbotaxFederal Tax Amended Return2011 Income TaxH And R Block OnlineFree H & R Block FilingIrs Gov Form1040xAmend A Tax Return 20121040x FileHow To File An Ammended Tax ReturnFiling 2010 Taxes Late OnlineTurbotax For 2011 TaxesIrs Forms 1040ez2010 Tax Deadline1040ez Form Instructions

File My 1040x Electronically

File my 1040x electronically Index A Actuarial Tables, Actuarial Tables How to use, How To Use Actuarial Tables Unisex, Unisex Annuity Tables Adjustments to total cost, Adjustments Annuity starting date, The annuity starting date Assistance (see Tax help) D Death benefit exclusion, Death benefit exclusion. File my 1040x electronically E Election Post-June 1986 contributions, Contributions made both before July 1986 and after June 1986. File my 1040x electronically , Annuity received after June 30, 1986. File my 1040x electronically Pre-July 1986 contributions, Contributions made both before July 1986 and after June 1986. File my 1040x electronically Employment abroad, Foreign employment. File my 1040x electronically Exclusion limited to net cost, Exclusion limited to net cost. File my 1040x electronically Exclusion not limited to net cost, Exclusion not limited to net cost. File my 1040x electronically Exclusion ratio, Step 3. File my 1040x electronically Expected return, Expected Return F Fixed period annuity, Types of pensions and annuities. File my 1040x electronically , Fixed period annuity. File my 1040x electronically Foreign employment, Foreign employment. File my 1040x electronically Free tax services, Free help with your tax return. File my 1040x electronically G General Rule Who must use the, Who must use the General Rule. File my 1040x electronically H Help (see Tax help) Help from IRS, Help from IRS. File my 1040x electronically , Request for a ruling. File my 1040x electronically , Free IRS help. File my 1040x electronically , Requesting a Ruling on Taxation of Annuity I Increase in payments, Increase in annuity payments. File my 1040x electronically Investment in the contract, Investment in the Contract J Joint and survivor annuities, Types of pensions and annuities. File my 1040x electronically , Joint and survivor annuities. File my 1040x electronically N Net cost, Net cost. File my 1040x electronically Nonqualified employee plans, General Information P Part-year payments, Part-year payments. File my 1040x electronically Periodic payments, taxation of, Taxation of Periodic Payments Publications (see Tax help) Q Qualified plans, Introduction R Refund feature, Refund feature. File my 1040x electronically Ruling request, Request for a ruling. File my 1040x electronically , Requesting a Ruling on Taxation of Annuity S Single life annuity, Single life annuity. File my 1040x electronically Survivor annuities, Different payments to survivor. File my 1040x electronically T Tax help, How To Get Tax Help Taxable part of annuity How to compute the, Computation Under the General Rule Worksheets, Worksheet I For Determining Taxable Annuity Under Regulations Section 1. File my 1040x electronically 72-6(d)(6) Election For Single Annuitant With No Survivor Annuity, Worksheet II For Determining Taxable Annuity Under Regulations Section 1. File my 1040x electronically 72-6(d)(6) Election For Joint and Survivor Annuity TTY/TDD information, How To Get Tax Help Types of pensions and annuities, Types of pensions and annuities. File my 1040x electronically V Variable annuities, Types of pensions and annuities. File my 1040x electronically , Variable annuities. File my 1040x electronically W Withholding of tax, Withholding tax and estimated tax. File my 1040x electronically Prev  Up     Home   More Online Publications
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Safeguards Program

The Safeguards Program and staff are responsible for ensuring that federal, state and local agencies receiving federal tax information protect it as if the information remained in IRS’s hands.

These agencies and their contractors receiving federal tax information must protect the confidentiality of return information and are periodically reviewed by Safeguards personnel to ensure they meet the safeguarding requirements of IRC 6103(p)(4). These requirements include employee awareness programs, proper disposal, secure storage and computer security among others.

Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (PDF)
This document contains specific requirements for safeguarding federal tax information. This revision becomes effective on Jan. 1, 2014.

Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (PDF)
This revision of 1075 became effective on Aug. 24, 2010 and is superceded by the Jan. 1, 2014 version.

Comments and suggestions on the revised Publication 1075 can be forwarded to the safeguards mailbox at: safeguardreports@irs.gov.

Additional Requirements for Publication 1075
Safeguarding requirements may be supplemented or modified between editions of Publication 1075 by guidance issued by the Office of Safeguards.
 

ALERTS

See “Safeguards Alert Memorandums” below for trending security concerns.


Publication 1075

Recommendations on How to Become Compliant with the New Requirements
Given the significant changes in technical safeguards requirements found in Sections 4, 5 and 6, the IRS has some recommendations for agencies to become compliant with the new requirements.

Reporting Requirements
Publication 1075 requires agencies to use approved report templates and to transmit the reports electronically. These reports must be encrypted and submitted to the safeguardreports@irs.gov mailbox.

Reporting Unauthorized Accesses, Disclosures or Data Breaches
Local, state and federal agencies receiving federal tax information must follow the revised provisions of Section 10 of Publication 1075 (PDF) upon discovering a possible improper inspection or disclosure of FTI, including breaches and security incidents. Agencies must contact Treasury Inspector General for Tax Administration and the IRS Office of Safeguards immediately, but no later than 24-hours after identification of a possible issue involving federal tax information. Agencies are not to wait until after their own internal investigation as been conducted.

Contacting TIGTA is critical to expedite the recovery of compromised data and identify potential criminal acts. The IRS Office of Safeguards investigation focuses on identifying processes, procedures or systems within the agency with inadequate security controls which led to the incident.

Internal Inspections Reports
Section 6.3 of Publication 1075, Tax Information Security guidelines for Federal, State and Local Agencies and Entities, requires that agencies receiving federal tax information (FTI) establish a review cycle for internal inspections of headquarters offices and all local/field offices that receive FTI. The Internal Inspections Report – Headquarters Office and Internal Inspections Report – Field Office are for these inspections. 

In addition, these agencies must also include an internal inspection of IT operations, using the Internal Inspections Report – IT Operations. Internal inspections of contractors with access to FTI and any off-site storage facilities must also be completed. All scheduled and completed internal inspections should be provided to the IRS Office of Safeguards on the Internal Inspections Implementation Report.

Safeguards Technical Assistance by Topic
The IRS has recommendations and discussions on various Safeguards Program topics available for agencies to help stay in compliance. These documents may assist with preparation of reports, protecting federal tax information, and knowing the legalities of the Safeguards Program.

IRS Disclosure Awareness Videos
IRS Disclosure Awareness training videos are available for local, state and federal governmental agencies that receive federal tax information (FTI). The IRS Office of Safeguards created videos (with captions in English and Spanish) to help explain several key concepts in protecting the confidentiality of FTI.

References/Related Topics

Physical Security and Disclosure References/Related Topics
Publication 1075 requirements pertaining to the protection of FTI in a physical environment and the disclosure of FTI to other persons are available in the Safeguard Disclosure Security Evaluation Matrix.

Document

Version

Release Date

Safeguard Disclosure Security Evaluation Matrix (SDSEM) (XLS)

3.0

9/12/2012


Safeguards Alert Memorandums
The following resources address recent security trends regarding the protection of FTI.

Document

Version

Release Date

Alert Memo – Multi-factor Authentication Implementation

N/A

6/17/2013

Alert Memo – Protecting FTI On Mainframes with Open Port 23

N/A

6/17/2013


Computer Security Compliance References/Related Topics
The following Computer Security Evaluation Matrix (SCSEM) downloads are available for use in preparing an IT environment that will receive, process, or store FTI.

Document

Version

Release Date

Application – Generic Application SCSEM (XLS)

1.3

9/26/2013

Application – GenTax SCSEM (XLS)

1.3

9/26/2013

Application – Internet Explorer SCSEM (XLS)

1.2

9/26/2013

Database – DB2 SCSEM (XLS)

1.2

2/12/2013

Database – Oracle 11g SCSEM (XLS)

1.1

9/26/2013

Database – Oracle 10g SCSEM (XLS)

1.3

9/26/2013

Database – Oracle 9i SCSEM (XLS)

1.2

2/12/2013

Database – SQL Server 2000 SCSEM (XLS)

1.2

2/12/2013

Database – SQL Server 2005 SCSEM (XLS)

1.2

2/12/2013

Mainframe – ACF2 SCSEM (XLS)

1.3

9/26/2013

Mainframe – i5 OS SCSEM (XLS)

1.3

9/26/2013

Mainframe – RACF SCSEM (XLS)

1.3

9/26/2013

Mainframe – Top Secret SCSEM (XLS)

1.3

9/26/2013

Mainframe – UNISYS SCSEM (XLS)

2.4

9/26/2013

Management, Operational and Technical (MOT) (XLS)

2.0

9/27/2013

MOT Appendix – Data Warehouse SCSEM (XLS)

1.3

2/12/2013

MOT Appendix – Multi-functional Device SCSEM (MFD) (XLS)

2.2

2/12/2013

Network – Cisco IOS SCSEM (XLS)

1.2

9/26/2013

Network – Firewall SCSEM (XLS)

1.2

9/26/2013

Network – Network Assessment SCSEM (XLS)

1.2

9/26/2013

Network – Storage Area Network SCSEM (SAN) (XLS)

1.2

9/26/2013

Network – Virtual Private Network (VPN) SCSEM (XLS)

1.2

9/26/2013

Network – Voice Over Internet Protocol (VoIP) SCSEM (XLS)

1.2

9/26/2013

Network – Wireless Local Area Network (LAN) SCSEM (XLS)

1.2

9/26/2013

Other – Cloud Computing SCSEM (XLS)

1.0

4/1/2013

Other - Oracle Public Sector Revenue Management (PSRM) (formerly Enterprise Taxation and Policy Management (ETPM))

1.1

2/5/2014

Other – Generic Operating System SCSEM (XLS)

1.3

2/12/2013

Other – Mobile Devices SCSEM (XLS)

1.0

4/1/2013

Other – OpenVMS SCSEM (XLS)

1.2

9/26/2013

Other - RSI Revenue Premier

1.0

9/23/2013

Other - Teradata

1.0

9/23/2013

Other – Web Server SCSEM (XLS)

1.3

9/26/2013

UNIX and Linux – Solaris, HP-UX, AIX, Red Hat, SuSE SCSEM (XLS)

1.4

2/12/2013

Virtualization – VMWare ESX 4.x SCSEM (XLS)

1.2

2/12/2013

Virtualization – VMWare ESXi 5.x SCSEM (XLS)

1.1

3/7/2013

Microsoft Windows 7 SCSEM (XLS)

1.2

2/12/2013

Microsoft Windows Server 2003 SCSEM (XLS)

1.2

2/12/2013

Microsoft Windows Server 2008 and 2008 R2 SCSEM (XLS)

1.2

2/12/2013

Microsoft Windows Vista SCSEM (XLS)

1.2

2/12/2013

Microsoft Windows XP SCSEM (XLS)

1.2

2/12/2013

 

Page Last Reviewed or Updated: 25-Mar-2014

The File My 1040x Electronically

File my 1040x electronically 36. File my 1040x electronically   Earned Income Credit (EIC) Table of Contents What's New Reminders Introduction Useful Items - You may want to see: Do You Qualify for the Credit?If Improper Claim Made in Prior Year Part A. File my 1040x electronically Rules for EveryoneRule 1. File my 1040x electronically Your AGI Must Be Less Than: Rule 2. File my 1040x electronically You Must Have a Valid Social Security Number (SSN) Rule 3. File my 1040x electronically Your Filing Status Cannot Be Married Filing Separately Rule 4. File my 1040x electronically You Must Be a U. File my 1040x electronically S. File my 1040x electronically Citizen or Resident Alien All Year Rule 5. File my 1040x electronically You Cannot File Form 2555 or Form 2555-EZ Rule 6. File my 1040x electronically Your Investment Income Must Be $3,300 or Less Rule 7. File my 1040x electronically You Must Have Earned Income Part B. File my 1040x electronically Rules If You Have a Qualifying ChildRule 8. File my 1040x electronically Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Rule 9. File my 1040x electronically Your Qualifying Child Cannot Be Used By More Than One Person To Claim the EIC Rule 10. File my 1040x electronically You Cannot Be a Qualifying Child of Another Taxpayer Part C. File my 1040x electronically Rules If You Do Not Have a Qualifying ChildRule 11. File my 1040x electronically You Must Be at Least Age 25 but Under Age 65 Rule 12. File my 1040x electronically You Cannot Be the Dependent of Another Person Rule 13. File my 1040x electronically You Cannot Be a Qualifying Child of Another Taxpayer Rule 14. File my 1040x electronically You Must Have Lived in the United States More Than Half of the Year Part D. File my 1040x electronically Figuring and Claiming the EICRule 15. File my 1040x electronically Your Earned Income Must Be Less Than: IRS Will Figure the EIC for You How To Figure the EIC Yourself ExamplesExample 1. File my 1040x electronically John and Janet Smith (Form 1040A) Example 2. File my 1040x electronically Kelly Green (Form 1040EZ) What's New Earned income amount is more. File my 1040x electronically  The maximum amount of income you can earn and still get the credit has increased. File my 1040x electronically You may be able to take the credit if: You have three or more qualifying children and you earned less than $46,227 ($51,567 if married filing jointly), You have two qualifying children and you earned less than $43,038 ($48,378 if married filing jointly), You have one qualifying child and you earned less than $37,870 ($43,210 if married filing jointly), or You do not have a qualifying child and you earned less than $14,340 ($19,680 if married filing jointly). File my 1040x electronically Your adjusted gross income also must be less than the amount in the above list that applies to you. File my 1040x electronically For details, see Rules 1 and 15. File my 1040x electronically Investment income amount is more. File my 1040x electronically  The maximum amount of investment income you can have and still get the credit has increased to $3,300. File my 1040x electronically See Rule 6. File my 1040x electronically Reminders Increased EIC on certain joint returns. File my 1040x electronically  A married person filing a joint return may get more EIC than someone with the same income but a different filing status. File my 1040x electronically As a result, the EIC table has different columns for married persons filing jointly than for everyone else. File my 1040x electronically When you look up your EIC in the EIC Table, be sure to use the correct column for your filing status and the number of children you have. File my 1040x electronically Online help. File my 1040x electronically  You can use the EITC Assistant at www. File my 1040x electronically irs. File my 1040x electronically gov/eitc to find out if you are eligible for the credit. File my 1040x electronically The EITC Assistant is available in English and Spanish. File my 1040x electronically EIC questioned by IRS. File my 1040x electronically  The IRS may ask you to provide documents to prove you are entitled to claim the EIC. File my 1040x electronically We will tell you what documents to send us. File my 1040x electronically These may include: birth certificates, school records, medical records, etc. File my 1040x electronically The process of establishing your eligibility will delay your refund. File my 1040x electronically Introduction The earned income credit (EIC) is a tax credit for certain people who work and have less than $51,567 of earned income. File my 1040x electronically A tax credit usually means more money in your pocket. File my 1040x electronically It reduces the amount of tax you owe. File my 1040x electronically The EIC may also give you a refund. File my 1040x electronically How do you get the earned income credit?   To claim the EIC, you must: Qualify by meeting certain rules, and File a tax return, even if you: Do not owe any tax, Did not earn enough money to file a return, or Did not have income taxes withheld from your pay. File my 1040x electronically When you complete your return, you can figure your EIC by using a worksheet in the instructions for Form 1040, Form 1040A, or Form 1040EZ. File my 1040x electronically Or, if you prefer, you can let the IRS figure the credit for you. File my 1040x electronically How will this chapter help you?   This chapter will explain the following. File my 1040x electronically The rules you must meet to qualify for the EIC. File my 1040x electronically How to figure the EIC. File my 1040x electronically Useful Items - You may want to see: Publication 596 Earned Income Credit (EIC) Form (and Instructions) Schedule EIC Earned Income Credit (Qualifying Child Information) 8862 Information To Claim Earned Income Credit After Disallowance Do You Qualify for the Credit? To qualify to claim the EIC, you must first meet all of the rules explained in Part A, Rules for Everyone . File my 1040x electronically Then you must meet the rules in Part B, Rules If You Have a Qualifying Child , or Part C, Rules If You Do Not Have a Qualifying Child . File my 1040x electronically There is one final rule you must meet in Part D, Figuring and Claiming the EIC . File my 1040x electronically You qualify for the credit if you meet all the rules in each part that applies to you. File my 1040x electronically If you have a qualifying child, the rules in Parts A, B, and D apply to you. File my 1040x electronically If you do not have a qualifying child, the rules in Parts A, C, and D apply to you. File my 1040x electronically Table 36-1, Earned Income Credit in a Nutshell. File my 1040x electronically   Use Table 36–1 as a guide to Parts A, B, C, and D. File my 1040x electronically The table is a summary of all the rules in each part. File my 1040x electronically Do you have a qualifying child?   You have a qualifying child only if you have a child who meets the four tests described in Rule 8 and illustrated in Figure 36–1. File my 1040x electronically If Improper Claim Made in Prior Year If your EIC for any year after 1996 was denied or reduced for any reason other than a math or clerical error, you must attach a completed Form 8862 to your next tax return to claim the EIC. File my 1040x electronically You must also qualify to claim the EIC by meeting all the rules described in this chapter. File my 1040x electronically However, if your EIC was denied or reduced as a result of a math or clerical error, do not attach Form 8862 to your next tax return. File my 1040x electronically For example, if your arithmetic is incorrect, the IRS can correct it. File my 1040x electronically If you do not provide a correct social security number, the IRS can deny the EIC. File my 1040x electronically These kinds of errors are called math or clerical errors. File my 1040x electronically If your EIC for any year after 1996 was denied and it was determined that your error was due to reckless or intentional disregard of the EIC rules, then you cannot claim the EIC for the next 2 years. File my 1040x electronically If your error was due to fraud, then you cannot claim the EIC for the next 10 years. File my 1040x electronically More information. File my 1040x electronically   See chapter 5 in Publication 596 for more detailed information about the disallowance period and Form 8862. File my 1040x electronically Part A. File my 1040x electronically Rules for Everyone This part of the chapter discusses Rules 1 through 7. File my 1040x electronically You must meet all seven rules to qualify for the earned income credit. File my 1040x electronically If you do not meet all seven rules, you cannot get the credit and you do not need to read the rest of the chapter. File my 1040x electronically If you meet all seven rules in this part, then read either Part B or Part C (whichever applies) for more rules you must meet. File my 1040x electronically Rule 1. File my 1040x electronically Your AGI Must Be Less Than: $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children, $43,038 ($48,378 for married filing jointly) if you have two qualifying children, $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File my 1040x electronically Adjusted gross income (AGI). File my 1040x electronically   AGI is the amount on line 38 (Form 1040), line 22 (Form 1040A), or line 4 (Form 1040EZ). File my 1040x electronically If your AGI is equal to or more than the applicable limit listed above, you cannot claim the EIC. File my 1040x electronically Example. File my 1040x electronically Your AGI is $38,550, you are single, and you have one qualifying child. File my 1040x electronically You cannot claim the EIC because your AGI is not less than $37,870. File my 1040x electronically However, if your filing status was married filing jointly, you might be able to claim the EIC because your AGI is less than $43,210. File my 1040x electronically Community property. File my 1040x electronically   If you are married, but qualify to file as head of household under special rules for married taxpayers living apart (see Rule 3 ), and live in a state that has community property laws, your AGI includes that portion of both your and your spouse's wages that you are required to include in gross income. File my 1040x electronically This is different from the community property rules that apply under Rule 7 . File my 1040x electronically Rule 2. File my 1040x electronically You Must Have a Valid Social Security Number (SSN) To claim the EIC, you (and your spouse, if filing a joint return) must have a valid SSN issued by the Social Security Administration (SSA). File my 1040x electronically Any qualifying child listed on Schedule EIC also must have a valid SSN. File my 1040x electronically (See Rule 8 if you have a qualifying child. File my 1040x electronically ) If your social security card (or your spouse's, if filing a joint return) says “Not valid for employment” and your SSN was issued so that you (or your spouse) could get a federally funded benefit, you cannot get the EIC. File my 1040x electronically An example of a federally funded benefit is Medicaid. File my 1040x electronically If you have a card with the legend “Not valid for employment” and your immigration status has changed so that you are now a U. File my 1040x electronically S. File my 1040x electronically citizen or permanent resident, ask the SSA for a new social security card without the legend. File my 1040x electronically U. File my 1040x electronically S. File my 1040x electronically citizen. File my 1040x electronically   If you were a U. File my 1040x electronically S. File my 1040x electronically citizen when you received your SSN, you have a valid SSN. File my 1040x electronically Valid for work only with INS or DHS authorization. File my 1040x electronically   If your social security card reads “Valid for work only with INS authorization” or “Valid for work only with DHS authorization,” you have a valid SSN, but only if that authorization is still valid. File my 1040x electronically SSN missing or incorrect. File my 1040x electronically   If an SSN for you or your spouse is missing from your tax return or is incorrect, you may not get the EIC. File my 1040x electronically Other taxpayer identification number. File my 1040x electronically   You cannot get the EIC if, instead of an SSN, you (or your spouse, if filing a joint return) have an individual taxpayer identification number (ITIN). File my 1040x electronically ITINs are issued by the Internal Revenue Service to noncitizens who cannot get an SSN. File my 1040x electronically No SSN. File my 1040x electronically   If you do not have a valid SSN, put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File my 1040x electronically You cannot claim the EIC. File my 1040x electronically Getting an SSN. File my 1040x electronically   If you (or your spouse, if filing a joint return) do not have an SSN, you can apply for one by filing Form SS-5, Application for a Social Security Card, with the SSA. File my 1040x electronically You can get Form SS-5 online at www. File my 1040x electronically socialsecurity. File my 1040x electronically gov, from your local SSA office, or by calling the SSA at 1-800-772-1213. File my 1040x electronically Filing deadline approaching and still no SSN. File my 1040x electronically   If the filing deadline is approaching and you still do not have an SSN, you have two choices. File my 1040x electronically Request an automatic 6-month extension of time to file your return. File my 1040x electronically You can get this extension by filing Form 4868, Application for Automatic Extension of Time to File U. File my 1040x electronically S. File my 1040x electronically Individual Income Tax Return. File my 1040x electronically For more information, see chapter 1 . File my 1040x electronically File the return on time without claiming the EIC. File my 1040x electronically After receiving the SSN, file an amended return (Form 1040X, Amended U. File my 1040x electronically S. File my 1040x electronically Individual Income Tax Return) claiming the EIC. File my 1040x electronically Attach a filled-in Schedule EIC if you have a qualifying child. File my 1040x electronically Table 36-1. File my 1040x electronically Earned Income Credit in a Nutshell First, you must meet all the rules in this column. File my 1040x electronically Second, you must meet all the rules in one of these columns, whichever applies. File my 1040x electronically Third, you must meet the rule in this column. File my 1040x electronically Part A. File my 1040x electronically  Rules for Everyone Part B. File my 1040x electronically  Rules If You Have a Qualifying Child Part C. File my 1040x electronically  Rules If You Do Not Have a Qualifying Child Part D. File my 1040x electronically  Figuring and Claiming the EIC 1. File my 1040x electronically Your adjusted gross income (AGI) must be less than: • $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children,  • $43,038 ($48,378 for married filing jointly) if you have two qualifying children,  • $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or   • $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File my 1040x electronically 2. File my 1040x electronically You must have a valid social security number. File my 1040x electronically  3. File my 1040x electronically Your filing status cannot be “Married filing separately. File my 1040x electronically ” 4. File my 1040x electronically You must be a U. File my 1040x electronically S. File my 1040x electronically citizen or resident alien all year. File my 1040x electronically  5. File my 1040x electronically You cannot file Form 2555 or Form 2555-EZ (relating to foreign earned income). File my 1040x electronically  6. File my 1040x electronically Your investment income must be $3,300 or less. File my 1040x electronically  7. File my 1040x electronically You must have earned income. File my 1040x electronically 8. File my 1040x electronically Your child must meet the relationship, age, residency, and joint return tests. File my 1040x electronically  9. File my 1040x electronically Your qualifying child cannot be used by more than one person to claim the EIC. File my 1040x electronically  10. File my 1040x electronically You cannot be a qualifying child of another person. File my 1040x electronically 11. File my 1040x electronically You must be at least age 25 but under age 65. File my 1040x electronically  12. File my 1040x electronically You cannot be the dependent of another person. File my 1040x electronically  13. File my 1040x electronically You cannot be a qualifying child of another person. File my 1040x electronically  14. File my 1040x electronically You must have lived in the United States more than half of the year. File my 1040x electronically 15. File my 1040x electronically Your earned income must be less than: • $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children,  • $43,038 ($48,378 for married filing jointly) if you have two qualifying children,  • $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or   • $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File my 1040x electronically Rule 3. File my 1040x electronically Your Filing Status Cannot Be Married Filing Separately If you are married, you usually must file a joint return to claim the EIC. File my 1040x electronically Your filing status cannot be “Married filing separately. File my 1040x electronically ” Spouse did not live with you. File my 1040x electronically   If you are married and your spouse did not live in your home at any time during the last 6 months of the year, you may be able to file as head of household, instead of married filing separately. File my 1040x electronically In that case, you may be able to claim the EIC. File my 1040x electronically For detailed information about filing as head of household, see chapter 2 . File my 1040x electronically Rule 4. File my 1040x electronically You Must Be a U. File my 1040x electronically S. File my 1040x electronically Citizen or Resident Alien All Year If you (or your spouse, if married) were a nonresident alien for any part of the year, you cannot claim the earned income credit unless your filing status is married filing jointly. File my 1040x electronically You can use that filing status only if one spouse is a U. File my 1040x electronically S. File my 1040x electronically citizen or resident alien and you choose to treat the nonresident spouse as a U. File my 1040x electronically S. File my 1040x electronically resident. File my 1040x electronically If you make this choice, you and your spouse are taxed on your worldwide income. File my 1040x electronically If you (or your spouse, if married) were a nonresident alien for any part of the year and your filing status is not married filing jointly, enter “No” on the dotted line next to line 64a (Form 1040) or in the space to the left of line 38a (Form 1040A). File my 1040x electronically If you need more information on making this choice, get Publication 519, U. File my 1040x electronically S. File my 1040x electronically Tax Guide for Aliens. File my 1040x electronically Rule 5. File my 1040x electronically You Cannot File Form 2555 or Form 2555-EZ You cannot claim the earned income credit if you file Form 2555, Foreign Earned Income, or Form 2555-EZ, Foreign Earned Income Exclusion. File my 1040x electronically You file these forms to exclude income earned in foreign countries from your gross income, or to deduct or exclude a foreign housing amount. File my 1040x electronically U. File my 1040x electronically S. File my 1040x electronically possessions are not foreign countries. File my 1040x electronically See Publication 54, Tax Guide for U. File my 1040x electronically S. File my 1040x electronically Citizens and Resident Aliens Abroad, for more detailed information. File my 1040x electronically Rule 6. File my 1040x electronically Your Investment Income Must Be $3,300 or Less You cannot claim the earned income credit unless your investment income is $3,300 or less. File my 1040x electronically If your investment income is more than $3,300, you cannot claim the credit. File my 1040x electronically For most people, investment income is the total of the following amounts. File my 1040x electronically Taxable interest (line 8a of Form 1040 or 1040A). File my 1040x electronically Tax-exempt interest (line 8b of Form 1040 or 1040A). File my 1040x electronically Dividend income (line 9a of Form 1040 or 1040A). File my 1040x electronically Capital gain net income (line 13 of Form 1040, if more than zero, or line 10 of Form 1040A). File my 1040x electronically If you file Form 1040EZ, your investment income is the total of the amount of line 2 and the amount of any tax-exempt interest you wrote to the right of the words “Form 1040EZ” on line 2. File my 1040x electronically However, see Rule 6 in chapter 1 of Publication 596 if: You are filing Schedule E (Form 1040), Form 4797, or Form 8814, or You are reporting income from the rental of personal property on Form 1040, line 21. File my 1040x electronically Rule 7. File my 1040x electronically You Must Have Earned Income This credit is called the “earned income” credit because, to qualify, you must work and have earned income. File my 1040x electronically If you are married and file a joint return, you meet this rule if at least one spouse works and has earned income. File my 1040x electronically If you are an employee, earned income includes all the taxable income you get from your employer. File my 1040x electronically If you are self-employed or a statutory employee, you will figure your earned income on EIC Worksheet B in the instructions for Form 1040. File my 1040x electronically Earned Income Earned income includes all of the following types of income. File my 1040x electronically Wages, salaries, tips, and other taxable employee pay. File my 1040x electronically Employee pay is earned income only if it is taxable. File my 1040x electronically Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. File my 1040x electronically But there is an exception for nontaxable combat pay, which you can choose to include in earned income, as explained below. File my 1040x electronically Net earnings from self-employment. File my 1040x electronically Gross income received as a statutory employee. File my 1040x electronically Wages, salaries, and tips. File my 1040x electronically   Wages, salaries, and tips you receive for working are reported to you on Form W-2, in box 1. File my 1040x electronically You should report these on line 1 (Form 1040EZ) or line 7 (Forms 1040A and 1040). File my 1040x electronically Nontaxable combat pay election. File my 1040x electronically   You can elect to include your nontaxable combat pay in earned income for the earned income credit. File my 1040x electronically Electing to include nontaxable combat pay in earned income may increase or decrease your EIC. File my 1040x electronically Figure the credit with and without your nontaxable combat pay before making the election. File my 1040x electronically   If you make the election, you must include in earned income all nontaxable combat pay you received. File my 1040x electronically If you are filing a joint return and both you and your spouse received nontaxable combat pay, you can each make your own election. File my 1040x electronically In other words, if one of you makes the election, the other one can also make it but does not have to. File my 1040x electronically   The amount of your nontaxable combat pay should be shown in box 12 of your Form W-2 with code “Q. File my 1040x electronically ” Self-employed persons and statutory employees. File my 1040x electronically   If you are self-employed or received income as a statutory employee, you must use the Form 1040 instructions to see if you qualify to get the EIC. File my 1040x electronically Approved Form 4361 or Form 4029 This section is for persons who have an approved: Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners, or Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. File my 1040x electronically Each approved form exempts certain income from social security taxes. File my 1040x electronically Each form is discussed here in terms of what is or is not earned income for the EIC. File my 1040x electronically Form 4361. File my 1040x electronically   Whether or not you have an approved Form 4361, amounts you received for performing ministerial duties as an employee count as earned income. File my 1040x electronically This includes wages, salaries, tips, and other taxable employee compensation. File my 1040x electronically A nontaxable housing allowance or the nontaxable rental value of a home is not earned income. File my 1040x electronically Also, amounts you received for performing ministerial duties, but not as an employee, do not count as earned income. File my 1040x electronically Examples include fees for performing marriages and honoraria for delivering speeches. File my 1040x electronically Form 4029. File my 1040x electronically   Whether or not you have an approved Form 4029, all wages, salaries, tips, and other taxable employee compensation count as earned income. File my 1040x electronically However, amounts you received as a self-employed individual do not count as earned income. File my 1040x electronically Also, in figuring earned income, do not subtract losses on Schedule C, C-EZ, or F from wages on line 7 of Form 1040. File my 1040x electronically Disability Benefits If you retired on disability, taxable benefits you receive under your employer's disability retirement plan are considered earned income until you reach minimum retirement age. File my 1040x electronically Minimum retirement age generally is the earliest age at which you could have received a pension or annuity if you were not disabled. File my 1040x electronically You must report your taxable disability payments on line 7 of either Form 1040 or Form 1040A until you reach minimum retirement age. File my 1040x electronically Beginning on the day after you reach minimum retirement age, payments you receive are taxable as a pension and are not considered earned income. File my 1040x electronically Report taxable pension payments on Form 1040, lines 16a and 16b (or Form 1040A, lines 12a and 12b). File my 1040x electronically Disability insurance payments. File my 1040x electronically   Payments you received from a disability insurance policy that you paid the premiums for are not earned income. File my 1040x electronically It does not matter whether you have reached minimum retirement age. File my 1040x electronically If this policy is through your employer, the amount may be shown in box 12 of your Form W-2 with code “J. File my 1040x electronically ” Income That Is Not Earned Income Examples of items that are not earned income include interest and dividends, pensions and annuities, social security and railroad retirement benefits (including disability benefits), alimony and child support, welfare benefits, workers' compensation benefits, unemployment compensation (insurance), nontaxable foster care payments, and veterans' benefits, including VA rehabilitation payments. File my 1040x electronically Do not include any of these items in your earned income. File my 1040x electronically Earnings while an inmate. File my 1040x electronically   Amounts received for work performed while an inmate in a penal institution are not earned income when figuring the earned income credit. File my 1040x electronically This includes amounts for work performed while in a work release program or while in a halfway house. File my 1040x electronically Workfare payments. File my 1040x electronically   Nontaxable workfare payments are not earned income for the EIC. File my 1040x electronically These are cash payments certain people receive from a state or local agency that administers public assistance programs funded under the federal Temporary Assistance for Needy Families (TANF) program in return for certain work activities such as (1) work experience activities (including remodeling or repairing public housing) if private sector employment is not available, or (2) community service program activities. File my 1040x electronically Community property. File my 1040x electronically   If you are married, but qualify to file as head of household under special rules for married taxpayers living apart (see Rule 3 ), and live in a state that has community property laws, your earned income for the EIC does not include any amount earned by your spouse that is treated as belonging to you under those laws. File my 1040x electronically That amount is not earned income for the EIC, even though you must include it in your gross income on your income tax return. File my 1040x electronically Your earned income includes the entire amount you earned, even if part of it is treated as belonging to your spouse under your state's community property laws. File my 1040x electronically Nevada, Washington, and California domestic partners. File my 1040x electronically   If you are a registered domestic partner in Nevada, Washington, or California, the same rules apply. File my 1040x electronically Your earned income for the EIC does not include any amount earned by your partner. File my 1040x electronically Your earned income includes the entire amount you earned. File my 1040x electronically For details, see Publication 555. File my 1040x electronically Conservation Reserve Program (CRP) payments. File my 1040x electronically   If you were receiving social security retirement benefits or social security disability benefits at the time you received any CRP payments, your CRP payments are not earned income for the EIC. File my 1040x electronically Nontaxable military pay. File my 1040x electronically   Nontaxable pay for members of the Armed Forces is not considered earned income for the EIC. File my 1040x electronically Examples of nontaxable military pay are combat pay, the Basic Allowance for Housing (BAH), and the Basic Allowance for Subsistence (BAS). File my 1040x electronically See Publication 3, Armed Forces' Tax Guide, for more information. File my 1040x electronically    Combat pay. File my 1040x electronically You can elect to include your nontaxable combat pay in earned income for the EIC. File my 1040x electronically See Nontaxable combat pay election, earlier. File my 1040x electronically Part B. File my 1040x electronically Rules If You Have a Qualifying Child If you have met all of the rules in Part A , read Part B to see if you have a qualifying child. File my 1040x electronically Part B discusses Rules 8 through 10. File my 1040x electronically You must meet all three of these rules, in addition to the rules in Parts A and D , to qualify for the earned income credit with a qualifying child. File my 1040x electronically You must file Form 1040 or Form 1040A to claim the EIC with a qualifying child. File my 1040x electronically (You cannot file Form 1040EZ. File my 1040x electronically ) You also must complete Schedule EIC and attach it to your return. File my 1040x electronically If you meet all the rules in Part A and this part, read Part D to find out what to do next. File my 1040x electronically If you do not meet Rule 8, you do not have a qualifying child. File my 1040x electronically Read Part C to find out if you can get the earned income credit without a qualifying child. File my 1040x electronically Rule 8. File my 1040x electronically Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Your child is a qualifying child if your child meets four tests. File my 1040x electronically The four tests are: Relationship, Age, Residency, and Joint return. File my 1040x electronically The four tests are illustrated in Figure 36–1. File my 1040x electronically The paragraphs that follow contain more information about each test. File my 1040x electronically Relationship Test To be your qualifying child, a child must be your: Son, daughter, stepchild, foster child, or a descendant of any of them (for example, your grandchild), or Brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them (for example, your niece or nephew). File my 1040x electronically The following definitions clarify the relationship test. File my 1040x electronically Adopted child. File my 1040x electronically   An adopted child is always treated as your own child. File my 1040x electronically The term “adopted child” includes a child who was lawfully placed with you for legal adoption. File my 1040x electronically Foster child. File my 1040x electronically   For the EIC, a person is your foster child if the child is placed with you by an authorized placement agency or by judgement, decree, or other order of any court of competent jurisdiction. File my 1040x electronically An authorized placement agency includes a state or local government agency. File my 1040x electronically It also includes a tax-exempt organization licensed by a state. File my 1040x electronically In addition, it includes an Indian tribal government or an organization authorized by an Indian tribal government to place Indian children. File my 1040x electronically Example. File my 1040x electronically Debbie, who is 12 years old, was placed in your care 2 years ago by an authorized agency responsible for placing children in foster homes. File my 1040x electronically Debbie is your foster child. File my 1040x electronically Age Test Your child must be: Under age 19 at the end of 2013 and younger than you (or your spouse, if filing jointly), Under age 24 at the end of 2013, a student, and younger than you (or your spouse, if filing jointly), or Permanently and totally disabled at any time during 2013, regardless of age. File my 1040x electronically    The following examples and definitions clarify the age test. File my 1040x electronically Example 1—child not under age 19. File my 1040x electronically Your son turned 19 on December 10. File my 1040x electronically Unless he was permanently and totally disabled or a student, he is not a qualifying child because, at the end of the year, he was not under age 19. File my 1040x electronically Example 2—child not younger than you or your spouse. File my 1040x electronically Your 23-year-old brother, who is a full-time student and unmarried, lives with you and your spouse. File my 1040x electronically He is not disabled. File my 1040x electronically Both you and your spouse are 21 years old and you file a joint return. File my 1040x electronically Your brother is not your qualifying child because he is not younger than you or your spouse. File my 1040x electronically Example 3—child younger than your spouse but not younger than you. File my 1040x electronically The facts are the same as in Example 2 except that your spouse is 25 years old. File my 1040x electronically Because your brother is younger than your spouse, he is your qualifying child even though he is not younger than you. File my 1040x electronically Student defined. File my 1040x electronically   To qualify as a student, your child must be, during some part of each of any 5 calendar months during the calendar year: A full-time student at a school that has a regular teaching staff, course of study, and regular student body at the school, or A student taking a full-time, on-farm training course given by a school described in (1), or a state, county, or local government. File my 1040x electronically The 5 calendar months need not be consecutive. File my 1040x electronically   A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance. File my 1040x electronically School defined. File my 1040x electronically   A school can be an elementary school, junior or senior high school, college, university, or technical, trade, or mechanical school. File my 1040x electronically However, on-the-job training courses, correspondence schools, and schools offering courses only through the Internet do not count as schools for the EIC. File my 1040x electronically Vocational high school students. File my 1040x electronically   Students who work in co-op jobs in private industry as a part of a school's regular course of classroom and practical training are considered full-time students. File my 1040x electronically Permanently and totally disabled. File my 1040x electronically   Your child is permanently and totally disabled if both of the following apply. File my 1040x electronically He or she cannot engage in any substantial gainful activity because of a physical or mental condition. File my 1040x electronically A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death. File my 1040x electronically Residency Test Your child must have lived with you in the United States for more than half of 2013. File my 1040x electronically The following definitions clarify the residency test. File my 1040x electronically United States. File my 1040x electronically   This means the 50 states and the District of Columbia. File my 1040x electronically It does not include Puerto Rico or U. File my 1040x electronically S. File my 1040x electronically possessions such as Guam. File my 1040x electronically Homeless shelter. File my 1040x electronically   Your home can be any location where you regularly live. File my 1040x electronically You do not need a traditional home. File my 1040x electronically For example, if your child lived with you for more than half the year in one or more homeless shelters, your child meets the residency test. File my 1040x electronically Military personnel stationed outside the United States. File my 1040x electronically    U. File my 1040x electronically S. File my 1040x electronically military personnel stationed outside the United States on extended active duty are considered to live in the United States during that duty period for purposes of the EIC. File my 1040x electronically Figure 36-1. File my 1040x electronically Tests for Qualifying Child Please click here for the text description of the image. File my 1040x electronically Qualifying child Extended active duty. File my 1040x electronically   Extended active duty means you are called or ordered to duty for an indefinite period or for a period of more than 90 days. File my 1040x electronically Once you begin serving your extended active duty, you are still considered to have been on extended active duty even if you do not serve more than 90 days. File my 1040x electronically Birth or death of a child. File my 1040x electronically   A child who was born or died in 2013 is treated as having lived with you for more than half of 2013 if your home was the child's home for more than half the time he or she was alive in 2013. File my 1040x electronically Temporary absences. File my 1040x electronically   Count time that you or your child is away from home on a temporary absence due to a special circumstance as time the child lived with you. File my 1040x electronically Examples of a special circumstance include illness, school attendance, business, vacation, military service, and detention in a juvenile facility. File my 1040x electronically Kidnapped child. File my 1040x electronically    A kidnapped child is treated as living with you for more than half of the year if the child lived with you for more than half the part of the year before the date of the kidnapping. File my 1040x electronically The child must be presumed by law enforcement authorities to have been kidnapped by someone who is not a member of your family or your child's family. File my 1040x electronically This treatment applies for all years until the child is returned. File my 1040x electronically However, the last year this treatment can apply is the earlier of: The year there is a determination that the child is dead, or The year the child would have reached age 18. File my 1040x electronically   If your qualifying child has been kidnapped and meets these requirements, enter “KC,” instead of a number, on line 6 of Schedule EIC. File my 1040x electronically Joint Return Test To meet this test, the child cannot file a joint return for the year. File my 1040x electronically Exception. File my 1040x electronically   An exception to the joint return test applies if your child and his or her spouse file a joint return only to claim a refund of income tax withheld or estimated tax paid. File my 1040x electronically Example 1—child files joint return. File my 1040x electronically You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. File my 1040x electronically He earned $25,000 for the year. File my 1040x electronically The couple files a joint return. File my 1040x electronically Because your daughter and her husband filed a joint return, she is not your qualifying child. File my 1040x electronically Example 2—child files joint return only to claim a refund of withheld tax. File my 1040x electronically Your 18-year-old son and his 17-year-old wife had $800 of wages from part-time jobs and no other income. File my 1040x electronically They do not have a child. File my 1040x electronically Neither is required to file a tax return. File my 1040x electronically Taxes were taken out of their pay, so they filed a joint return only to get a refund of the withheld taxes. File my 1040x electronically The exception to the joint return test applies, so your son may be your qualifying child if all the other tests are met. File my 1040x electronically Example 3—child files joint return to claim American opportunity credit. File my 1040x electronically The facts are the same as in Example 2 except no taxes were taken out of your son's pay. File my 1040x electronically He and his wife are not required to file a tax return, but they file a joint return to claim an American opportunity credit of $124 and get a refund of that amount. File my 1040x electronically Because claiming the American opportunity credit is their reason for filing the return, they are not filing it only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically The exception to the joint return test does not apply, so your son is not your qualifying child. File my 1040x electronically Married child. File my 1040x electronically   Even if your child does not file a joint return, if your child was married at the end of the year, he or she cannot be your qualifying child unless: You can claim an exemption for the child, or The reason you cannot claim an exemption for the child is that you let the child's other parent claim the exemption under the Special rule for divorced or separated parents (or parents who live apart) , described later. File my 1040x electronically Social security number. File my 1040x electronically   The qualifying child must have a valid social security number (SSN) unless the child was born and died in 2013 and you attach to your return a copy of the child's birth certificate, death certificate, or hospital records showing a live birth. File my 1040x electronically You cannot claim the EIC on the basis of a qualifying child if: The qualifying child's SSN is missing from your tax return or is incorrect, The qualifying child's social security card says “Not valid for employment” and was issued for use in getting a federally funded benefit, or Instead of an SSN, the qualifying child has: An individual taxpayer identification number (ITIN), which is issued to a noncitizen who cannot get an SSN, or An adoption taxpayer identification number (ATIN), which is issued to adopting parents who cannot get an SSN for the child being adopted until the adoption is final. File my 1040x electronically   If you have more than one qualifying child and only one has a valid SSN, you can use only that child to claim the EIC. File my 1040x electronically For more information about SSNs, see Rule 2 . File my 1040x electronically Rule 9. File my 1040x electronically Your Qualifying Child Cannot Be Used By More Than One Person To Claim the EIC Sometimes a child meets the tests to be a qualifying child of more than one person. File my 1040x electronically However, only one of these persons can actually treat the child as a qualifying child. File my 1040x electronically Only that person can use the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). File my 1040x electronically The exemption for the child. File my 1040x electronically The child tax credit. File my 1040x electronically Head of household filing status. File my 1040x electronically The credit for child and dependent care expenses. File my 1040x electronically The exclusion for dependent care benefits. File my 1040x electronically The EIC. File my 1040x electronically The other person cannot take any of these benefits based on this qualifying child. File my 1040x electronically In other words, you and the other person cannot agree to divide these tax benefits between you. File my 1040x electronically The other person cannot take any of these tax benefits unless he or she has a different qualifying child. File my 1040x electronically The tiebreaker rules explained next explain who, if anyone, can claim the EIC when more than one person has the same qualifying child. File my 1040x electronically However, the tiebreaker rules do not apply if the other person is your spouse and you file a joint return. File my 1040x electronically Tiebreaker rules. File my 1040x electronically   To determine which person can treat the child as a qualifying child to claim the six tax benefits just listed, the following tiebreaker rules apply. File my 1040x electronically If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent. File my 1040x electronically If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents. File my 1040x electronically If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. File my 1040x electronically If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. File my 1040x electronically If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year. File my 1040x electronically If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. File my 1040x electronically If the child's parents file a joint return with each other, this rule can be applied by treating the parents' total AGI as divided evenly between them. File my 1040x electronically See Example 8 . File my 1040x electronically   Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child. File my 1040x electronically See Examples 1 through 13 . File my 1040x electronically   If you cannot claim the EIC because your qualifying child is treated under the tiebreaker rules as the qualifying child of another person for 2013, you may be able to take the EIC using a different qualifying child, but you cannot take the EIC using the rules in Part C for people who do not have a qualifying child. File my 1040x electronically If the other person cannot claim the EIC. File my 1040x electronically   If you and someone else have the same qualifying child but the other person cannot claim the EIC because he or she is not eligible or his or her earned income or AGI is too high, you may be able to treat the child as a qualifying child. File my 1040x electronically See Examples 6 and 7 . File my 1040x electronically But you cannot treat the child as a qualifying child to claim the EIC if the other person uses the child to claim any of the other six tax benefits listed earlier. File my 1040x electronically Examples. File my 1040x electronically The following examples may help you in determining whether you can claim the EIC when you and someone else have the same qualifying child. File my 1040x electronically Example 1. File my 1040x electronically You and your 2-year-old son Jimmy lived with your mother all year. File my 1040x electronically You are 25 years old, unmarried, and your AGI is $9,000. File my 1040x electronically Your only income was $9,000 from a part-time job. File my 1040x electronically Your mother's only income was $20,000 from her job, and her AGI is $20,000. File my 1040x electronically Jimmy's father did not live with you or Jimmy. File my 1040x electronically The special rule explained later for divorced or separated parents (or parents who live apart) does not apply. File my 1040x electronically Jimmy is a qualifying child of both you and your mother because he meets the relationship, age, residency, and joint return tests for both you and your mother. File my 1040x electronically However, only one of you can treat him as a qualifying child to claim the EIC (and the other tax benefits listed earlier for which that person qualifies). File my 1040x electronically He is not a qualifying child of anyone else, including his father. File my 1040x electronically If you do not claim Jimmy as a qualifying child for the EIC or any of the other tax benefits listed earlier, your mother can treat him as a qualifying child to claim the EIC (and any of the other tax benefits listed earlier for which she qualifies). File my 1040x electronically Example 2. File my 1040x electronically The facts are the same as in Example 1 except your AGI is $25,000. File my 1040x electronically Because your mother's AGI is not higher than yours, she cannot claim Jimmy as a qualifying child. File my 1040x electronically Only you can claim him. File my 1040x electronically Example 3. File my 1040x electronically The facts are the same as in Example 1 except that you and your mother both claim Jimmy as a qualifying child. File my 1040x electronically In this case, you as the child's parent will be the only one allowed to claim Jimmy as a qualifying child for the EIC and the other tax benefits listed earlier for which you qualify. File my 1040x electronically The IRS will disallow your mother's claim to the EIC and any of the other tax benefits listed earlier unless she has another qualifying child. File my 1040x electronically Example 4. File my 1040x electronically The facts are the same as in Example 1 except that you also have two other young children who are qualifying children of both you and your mother. File my 1040x electronically Only one of you can claim each child. File my 1040x electronically However, if your mother's AGI is higher than yours, you can allow your mother to claim one or more of the children. File my 1040x electronically For example, if you claim one child, your mother can claim the other two. File my 1040x electronically Example 5. File my 1040x electronically The facts are the same as in Example 1 except that you are only 18 years old. File my 1040x electronically This means you are a qualifying child of your mother. File my 1040x electronically Because of Rule 10 , discussed next, you cannot claim the EIC and cannot claim Jimmy as a qualifying child. File my 1040x electronically Only your mother may be able to treat Jimmy as a qualifying child to claim the EIC. File my 1040x electronically If your mother meets all the other requirements for claiming the EIC and you do not claim Jimmy as a qualifying child for any of the other tax benefits listed earlier, your mother can claim both you and Jimmy as qualifying children for the EIC. File my 1040x electronically Example 6. File my 1040x electronically The facts are the same as in Example 1 except that your mother earned $50,000 from her job. File my 1040x electronically Because your mother's earned income is too high for her to claim the EIC, only you can claim the EIC using your son. File my 1040x electronically Example 7. File my 1040x electronically The facts are the same as in Example 1 except that you earned $50,000 from your job and your AGI is $50,500. File my 1040x electronically Your earned income is too high for you to claim the EIC. File my 1040x electronically But your mother cannot claim the EIC either, because her AGI is not higher than yours. File my 1040x electronically Example 8. File my 1040x electronically The facts are the same as in Example 1 except that you and Jimmy's father are married to each other, live with Jimmy and your mother, and have an AGI of $30,000 on a joint return. File my 1040x electronically If you and your husband do not claim Jimmy as a qualifying child for the EIC or any of the other tax benefits listed earlier, your mother can claim him instead. File my 1040x electronically Even though the AGI on your joint return, $30,000, is more than your mother's AGI of $20,000, for this purpose half of the joint AGI can be treated as yours and half as your husband's. File my 1040x electronically In other words, each parent's AGI can be treated as $15,000. File my 1040x electronically Example 9. File my 1040x electronically You, your husband, and your 10-year-old son Joey lived together until August 1, 2013, when your husband moved out of the household. File my 1040x electronically In August and September, Joey lived with you. File my 1040x electronically For the rest of the year, Joey lived with your husband, who is Joey's father. File my 1040x electronically Joey is a qualifying child of both you and your husband because he lived with each of you for more than half the year and because he met the relationship, age, and joint return tests for both of you. File my 1040x electronically At the end of the year, you and your husband still were not divorced, legally separated, or separated under a written separation agreement, so the special rule for divorced or separated parents (or parents who live apart) does not apply. File my 1040x electronically You and your husband will file separate returns. File my 1040x electronically Your husband agrees to let you treat Joey as a qualifying child. File my 1040x electronically This means, if your husband does not claim Joey as a qualifying child for any of the tax benefits listed earlier, you can claim him as a qualifying child for any tax benefit listed earlier for which you qualify. File my 1040x electronically However, your filing status is married filing separately, so you cannot claim the EIC or the credit for child and dependent care expenses. File my 1040x electronically See Rule 3 . File my 1040x electronically Example 10. File my 1040x electronically The facts are the same as in Example 9 except that you and your husband both claim Joey as a qualifying child. File my 1040x electronically In this case, only your husband will be allowed to treat Joey as a qualifying child. File my 1040x electronically This is because, during 2013, the boy lived with him longer than with you. File my 1040x electronically You cannot claim the EIC (either with or without a qualifying child). File my 1040x electronically However, your husband's filing status is married filing separately, so he cannot claim the EIC or the credit for child and dependent care expenses. File my 1040x electronically See Rule 3 . File my 1040x electronically Example 11. File my 1040x electronically You, your 5-year-old son and your son's father lived together all year. File my 1040x electronically You and your son's father are not married. File my 1040x electronically Your son is a qualifying child of both you and his father because he meets the relationship, age, residency, and joint return tests for both you and his father. File my 1040x electronically Your earned income and AGI are $12,000, and your son's father's earned income and AGI are $14,000. File my 1040x electronically Neither of you had any other income. File my 1040x electronically Your son's father agrees to let you treat the child as a qualifying child. File my 1040x electronically This means, if your son's father does not claim your son as a qualifying child for the EIC or any of the other tax benefits listed earlier, you can claim him as a qualifying child for the EIC and any of the other tax benefits listed earlier for which you qualify. File my 1040x electronically Example 12. File my 1040x electronically The facts are the same as in Example 11 except that you and your son's father both claim your son as a qualifying child. File my 1040x electronically In this case, only your son's father will be allowed to treat your son as a qualifying child. File my 1040x electronically This is because his AGI, $14,000, is more than your AGI, $12,000. File my 1040x electronically You cannot claim the EIC (either with or without a qualifying child). File my 1040x electronically Example 13. File my 1040x electronically You and your 7-year-old niece, your sister's child, lived with your mother all year. File my 1040x electronically You are 25 years old, and your AGI is $9,300. File my 1040x electronically Your only income was from a part-time job. File my 1040x electronically Your mother's AGI is $15,000. File my 1040x electronically Her only income was from her job. File my 1040x electronically Your niece's parents file jointly, have an AGI of less than $9,000, and do not live with you or their child. File my 1040x electronically Your niece is a qualifying child of both you and your mother because she meets the relationship, age, residency, and joint return tests for both you and your mother. File my 1040x electronically However, only your mother can treat her as a qualifying child. File my 1040x electronically This is because your mother's AGI, $15,000, is more than your AGI, $9,300. File my 1040x electronically Special rule for divorced or separated parents (or parents who live apart). File my 1040x electronically   A child will be treated as the qualifying child of his or her noncustodial parent (for purposes of claiming an exemption and the child tax credit, but not for the EIC) if all of the following statements are true. File my 1040x electronically The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all times during the last 6 months of 2013, whether or not they are or were married. File my 1040x electronically The child received over half of his or her support for the year from the parents. File my 1040x electronically The child is in the custody of one or both parents for more than half of 2013. File my 1040x electronically Either of the following statements is true. File my 1040x electronically The custodial parent signs Form 8332 or a substantially similar statement that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches the form or statement to his or her return. File my 1040x electronically If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. File my 1040x electronically A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 provides that the noncustodial parent can claim the child as a dependent, and the noncustodial parent provides at least $600 for support of the child during 2013. File my 1040x electronically  For details, see chapter 3. File my 1040x electronically Also see Applying Rule 9 to divorced or separated parents (or parents who live apart) , next. File my 1040x electronically Applying Rule 9 to divorced or separated parents (or parents who live apart). File my 1040x electronically   If a child is treated as the qualifying child of the noncustodial parent under the special rule just described for children of divorced or separated parents (or parents who live apart), only the noncustodial parent can claim an exemption and the child tax credit for the child. File my 1040x electronically However, the custodial parent, if eligible, or another eligible taxpayer can claim the child as a qualifying child for the EIC and other tax benefits listed earlier in this chapter. File my 1040x electronically If the child is the qualifying child of more than one person for these benefits, then the tiebreaker rules determine which person can treat the child as a qualifying child. File my 1040x electronically Example 1. File my 1040x electronically You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. File my 1040x electronically Your AGI is $10,000. File my 1040x electronically Your mother’s AGI is $25,000. File my 1040x electronically Your son's father did not live with you or your son. File my 1040x electronically Under the special rule for children of divorced or separated parents (or parents who live apart), your son is treated as the qualifying child of his father, who can claim an exemption and the child tax credit for the child. File my 1040x electronically However, your son's father cannot claim your son as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the EIC. File my 1040x electronically You and your mother did not have any child care expenses or dependent care benefits. File my 1040x electronically If you do not claim your son as a qualifying child, your mother can claim him as a qualifying child for the EIC and head of household filing status, if she qualifies for these tax benefits. File my 1040x electronically Example 2. File my 1040x electronically The facts are the same as in Example 1 except that your AGI is $25,000 and your mother's AGI is $21,000. File my 1040x electronically Your mother cannot claim your son as a qualifying child for any purpose because her AGI is not higher than yours. File my 1040x electronically Example 3. File my 1040x electronically The facts are the same as in Example 1 except that you and your mother both claim your son as a qualifying child for the EIC. File my 1040x electronically Your mother also claims him as a qualifying child for head of household filing status. File my 1040x electronically You as the child's parent will be the only one allowed to claim your son as a qualifying child for the EIC. File my 1040x electronically The IRS will disallow your mother's claim to the EIC and head of household filing status unless she has another qualifying child. File my 1040x electronically Rule 10. File my 1040x electronically You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. File my 1040x electronically ) if all of the following statements are true. File my 1040x electronically You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. File my 1040x electronically Or, you are that person's brother, sister, half brother, half sister, stepbrother, or stepsister (or a descendant of any of them). File my 1040x electronically You were: Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly), Under age 24 at the end of the year, a student, and younger than that person (or that person's spouse, if the person files jointly), or Permanently and totally disabled, regardless of age. File my 1040x electronically You lived with that person in the United States for more than half of the year. File my 1040x electronically You are not filing a joint return for the year (or are filing a joint return only to claim a refund of withheld income tax or estimated tax paid). File my 1040x electronically For more details about the tests to be a qualifying child, see Rule 8 . File my 1040x electronically If you are a qualifying child of another taxpayer, you cannot claim the EIC. File my 1040x electronically This is true even if the person for whom you are a qualifying child does not claim the EIC or meet all of the rules to claim the EIC. File my 1040x electronically Put “No” beside line 64a (Form 1040) or line 38a (Form 1040A). File my 1040x electronically Example. File my 1040x electronically You and your daughter lived with your mother all year. File my 1040x electronically You are 22 years old, unmarried, and attended a trade school full time. File my 1040x electronically You had a part-time job and earned $5,700. File my 1040x electronically You had no other income. File my 1040x electronically Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother. File my 1040x electronically She can claim the EIC if she meets all the other requirements. File my 1040x electronically Because you are your mother's qualifying child, you cannot claim the EIC. File my 1040x electronically This is so even if your mother cannot or does not claim the EIC. File my 1040x electronically Child of person not required to file a return. File my 1040x electronically   You are not the qualifying child of another taxpayer (and so may qualify to claim the EIC) if the person for whom you meet the relationship, age, residency, and joint return tests is not required to file an income tax return and either: Does not file an income tax return, or Files a return only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically Example. File my 1040x electronically The facts are the same as in the last example except your mother had no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. File my 1040x electronically As a result, you are not your mother's qualifying child. File my 1040x electronically You can claim the EIC if you meet all the other requirements to do so. File my 1040x electronically   See Rule 10 in Publication 596 for additional examples. File my 1040x electronically Part C. File my 1040x electronically Rules If You Do Not Have a Qualifying Child Read this part if you: Do not have a qualifying child, and Have met all the rules in Part A . File my 1040x electronically  Part C discusses Rules 11 through 14. File my 1040x electronically You must meet all four of these rules, in addition to the rules in Parts A and D , to qualify for the earned income credit without a qualifying child. File my 1040x electronically If you have a qualifying child, the rules in this part do not apply to you. File my 1040x electronically You can claim the credit only if you meet all the rules in Parts A, B, and D. File my 1040x electronically See Rule 8 to find out if you have a qualifying child. File my 1040x electronically Rule 11. File my 1040x electronically You Must Be at Least Age 25 but Under Age 65 You must be at least age 25 but under age 65 at the end of 2013. File my 1040x electronically If you are married filing a joint return, either you or your spouse must be at least age 25 but under age 65 at the end of 2013. File my 1040x electronically It does not matter which spouse meets the age test, as long as one of the spouses does. File my 1040x electronically You meet the age test if you were born after December 31, 1948, and before January 2, 1989. File my 1040x electronically If you are married filing a joint return, you meet the age test if either you or your spouse was born after December 31, 1948, and before January 2, 1989. File my 1040x electronically If neither you nor your spouse meets the age test, you cannot claim the EIC. File my 1040x electronically Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File my 1040x electronically Death of spouse. File my 1040x electronically   If you are filing a joint return with your spouse who died in 2013, you meet the age test if your spouse was at least age 25 but under age 65 at the time of death. File my 1040x electronically Example 1. File my 1040x electronically You are age 28 and unmarried. File my 1040x electronically You meet the age test. File my 1040x electronically Example 2—spouse meets age test. File my 1040x electronically You are married and filing a joint return. File my 1040x electronically You are age 23 and your spouse is age 27. File my 1040x electronically You meet the age test because your spouse is at least age 25 but under age 65. File my 1040x electronically Example 3—spouse dies in 2013. File my 1040x electronically You are married and filing a joint return with your spouse who died in August 2013. File my 1040x electronically You are age 67. File my 1040x electronically Your spouse would have become age 65 in November 2013. File my 1040x electronically Because your spouse was under age 65 when she died, you meet the age test. File my 1040x electronically Rule 12. File my 1040x electronically You Cannot Be the Dependent of Another Person If you are not filing a joint return, you meet this rule if: You checked box 6a on Form 1040 or 1040A, or You did not check the “You” box on line 5 of Form 1040EZ, and you entered $10,000 on that line. File my 1040x electronically If you are filing a joint return, you meet this rule if: You checked both box 6a and box 6b on Form 1040 or 1040A, or You and your spouse did not check either the “You” box or the “Spouse” box on line 5 of Form 1040EZ, and you entered $20,000 on that line. File my 1040x electronically If you are not sure whether someone else can claim you (or your spouse, if filing a joint return) as a dependent, read the rules for claiming a dependent in chapter 3. File my 1040x electronically If someone else can claim you (or your spouse, if filing a joint return) as a dependent on his or her return, but does not, you still cannot claim the credit. File my 1040x electronically Example 1. File my 1040x electronically In 2013, you were age 25, single, and living at home with your parents. File my 1040x electronically You worked and were not a student. File my 1040x electronically You earned $7,500. File my 1040x electronically Your parents cannot claim you as a dependent. File my 1040x electronically When you file your return, you claim an exemption for yourself by not checking the “You” box on line 5 of your Form 1040EZ and by entering $10,000 on that line. File my 1040x electronically You meet this rule. File my 1040x electronically You can claim the EIC if you meet all the other requirements. File my 1040x electronically Example 2. File my 1040x electronically The facts are the same as in Example 1 , except that you earned $2,000. File my 1040x electronically Your parents can claim you as a dependent but decide not to. File my 1040x electronically You do not meet this rule. File my 1040x electronically You cannot claim the credit because your parents could have claimed you as a dependent. File my 1040x electronically Joint returns. File my 1040x electronically   You generally cannot be claimed as a dependent by another person if you are married and file a joint return. File my 1040x electronically   However, another person may be able to claim you as a dependent if you and your spouse file a joint return only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically But neither you nor your spouse can be claimed as a dependent by another person if you claim the EIC on your joint return. File my 1040x electronically Example 1. File my 1040x electronically You are 26 years old. File my 1040x electronically You and your wife live with your parents and had $800 of wages from part-time jobs and no other income. File my 1040x electronically Neither you nor your wife is required to file a tax return. File my 1040x electronically You do not have a child. File my 1040x electronically Taxes were taken out of your pay, so you file a joint return only to get a refund of the withheld taxes. File my 1040x electronically Your parents are not disqualified from claiming an exemption for you just because you filed a joint return. File my 1040x electronically They can claim exemptions for you and your wife if all the other tests to do so are met. File my 1040x electronically Example 2. File my 1040x electronically The facts are the same as in Example 1 except no taxes were taken out of your pay. File my 1040x electronically Also, you and your wife are not required to file a tax return, but you file a joint return to claim an EIC of $63 and get a refund of that amount. File my 1040x electronically Because claiming the EIC is your reason for filing the return, you are not filing it only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically Your parents cannot claim an exemption for either you or your wife. File my 1040x electronically Rule 13. File my 1040x electronically You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. File my 1040x electronically ) if all of the following statements are true. File my 1040x electronically You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. File my 1040x electronically Or, you are that person's brother, sister, half brother, half sister, stepbrother, or stepsister (or a descendant of any of them). File my 1040x electronically You were: Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly), Under age 24 at the end of the year, a student (as defined in Rule 8 ), and younger than that person (or that person's spouse, if the person files jointly), or Permanently and totally disabled, regardless of age. File my 1040x electronically You lived with that person in the United States for more than half of the year. File my 1040x electronically You are not filing a joint return for the year (or are filing a joint return only to claim a refund of withheld income tax or estimated tax paid). File my 1040x electronically For more details about the tests to be a qualifying child, see Rule 8 . File my 1040x electronically If you are a qualifying child of another taxpayer, you cannot claim the EIC. File my 1040x electronically This is true even if the person for whom you are a qualifying child does not claim the EIC or meet all of the rules to claim the EIC. File my 1040x electronically Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File my 1040x electronically Example. File my 1040x electronically You lived with your mother all year. File my 1040x electronically You are age 26, unmarried, and permanently and totally disabled. File my 1040x electronically Your only income was from a community center where you went three days a week to answer telephones. File my 1040x electronically You earned $5,000 for the year and provided more than half of your own support. File my 1040x electronically Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother for the EIC. File my 1040x electronically She can claim the EIC if she meets all the other requirements. File my 1040x electronically Because you are a qualifying child of your mother, you cannot claim the EIC. File my 1040x electronically This is so even if your mother cannot or does not claim the EIC. File my 1040x electronically Joint returns. File my 1040x electronically   You generally cannot be a qualifying child of another taxpayer if you are married and file a joint return. File my 1040x electronically   However, you may be a qualifying child of another taxpayer if you and your spouse file a joint return for the year only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically But neither you nor your spouse can be a qualifying child of another taxpayer if you claim the EIC on your joint return. File my 1040x electronically Child of person not required to file a return. File my 1040x electronically   You are not the qualifying child of another taxpayer (and so may qualify to claim the EIC) if the person for whom you meet the relationship, age, residency, and joint return tests is not required to file an income tax return and either: Does not file an income tax return, or Files a return only to get a refund of income tax withheld or estimated tax paid. File my 1040x electronically Example. File my 1040x electronically You lived all year with your father. File my 1040x electronically You are 27 years old, unmarried, permanently and totally disabled, and earned $13,000. File my 1040x electronically You have no other income, no children, and provided more than half of your own support. File my 1040x electronically Your father had no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. File my 1040x electronically As a result, you are not your father's qualifying child. File my 1040x electronically You can claim the EIC if you meet all the other requirements to do so. File my 1040x electronically   See Rule 13 in Publication 596 for additional examples. File my 1040x electronically Rule 14. File my 1040x electronically You Must Have Lived in the United States More Than Half of the Year Your home (and your spouse's, if filing a joint return) must have been in the United States for more than half the year. File my 1040x electronically If it was not, put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File my 1040x electronically United States. File my 1040x electronically   This means the 50 states and the District of Columbia. File my 1040x electronically It does not include Puerto Rico or U. File my 1040x electronically S. File my 1040x electronically possessions such as Guam. File my 1040x electronically Homeless shelter. File my 1040x electronically   Your home can be any location where you regularly live. File my 1040x electronically You do not need a traditional home. File my 1040x electronically If you lived in one or more homeless shelters in the United States for more than half the year, you meet this rule. File my 1040x electronically Military personnel stationed outside the United States. File my 1040x electronically   U. File my 1040x electronically S. File my 1040x electronically military personnel stationed outside the United States on extended active duty (defined in Rule 8 ) are considered to live in the United States during that duty period for purposes of the EIC. File my 1040x electronically Part D. File my 1040x electronically Figuring and Claiming the EIC Read this part if you have met all the rules in Parts A and B, or all the rules in Parts A and C. File my 1040x electronically Part D discusses Rule 15 . File my 1040x electronically You must meet this rule, in addition to the rules in Parts A and B , or Parts A and C , to qualify for the earned income credit. File my 1040x electronically This part of the chapter also explains how to figure the amount of your credit. File my 1040x electronically You have two choices. File my 1040x electronically Have the IRS figure the EIC for you. File my 1040x electronically If you want to do this, see IRS Will Figure the EIC for You . File my 1040x electronically Figure the EIC yourself. File my 1040x electronically If you want to do this, see How To Figure the EIC Yourself . File my 1040x electronically Rule 15. File my 1040x electronically Your Earned Income Must Be Less Than: $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children, $43,038 ($48,378 for married filing jointly) if you have two qualifying children, $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File my 1040x electronically Earned income generally means wages, salaries, tips, other taxable employee pay, and net earnings from self-employment. File my 1040x electronically Employee pay is earned income only if it is taxable. File my 1040x electronically Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. File my 1040x electronically But there is an exception for nontaxable combat pay, which you can choose to include in earned income. File my 1040x electronically Earned income is explained in detail in Rule 7 . File my 1040x electronically Figuring earned income. File my 1040x electronically   If you are self-employed, a statutory employee, or a member of the clergy or a church employee who files Schedule SE (Form 1040), you will figure your earned income when you fill out Part 4 of EIC Worksheet B in the Form 1040 instructions. File my 1040x electronically   Otherwise, figure your earned income by using the worksheet in Step 5 of the Form 1040 instructions for lines 64a and 64b or the Form 1040A instructions for lines 38a and 38b, or the worksheet in Step 2 of the Form 1040EZ instructions for lines 8a and 8b. File my 1040x electronically   When using one of those worksheets to figure your earned income, you will start with the amount on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ). File my 1040x electronically You will then reduce that amount by any amount included on that line and described in the following list: Scholarship or fellowship grants not reported on a Form W-2, Inmate's income, and Pension or annuity from deferred compensation plans. File my 1040x electronically Scholarship or fellowship grants not reported on a Form W-2. File my 1040x electronically   A scholarship or fellowship grant that was not reported to you on a Form W-2 is not considered earned income for the earned income credit. File my 1040x electronically Inmate's income. File my 1040x electronically   Amounts received for work performed while an inmate in a penal institution are not earned income for the earned income credit. File my 1040x electronically This includes amounts received for work performed while in a work release program or while in a halfway house. File my 1040x electronically If you received any amount for work done while an inmate in a penal institution and that amount is included in the total on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ), put “PRI” and the amount on the dotted line next to line 7 (Form 1040), in the space to the left of the entry space for line 7 (Form 1040A), or in the space to the left of line 1 (Form 1040EZ). File my 1040x electronically Pension or annuity from deferred compensation plans. File my 1040x electronically   A pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan is not considered earned income for the earned income credit. File my 1040x electronically If you received such an amount and it was included in the total on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ), put “DFC” and the amount on the dotted line next to line 7 (Form 1040), in the space to the left of the entry space for line 7 (Form 1040A), or in the space to the left of line 1 (Form 1040EZ). File my 1040x electronically This amount may be reported in box 11 of your Form W-2. File my 1040x electronically If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or annuity. File my 1040x electronically Clergy. File my 1040x electronically   If you are a member of the clergy who files Schedule SE and the amount on line 2 of that schedule includes an amount that was also reported on line 7 (Form 1040), subtract that amount from the amount on line 7 (Form 1040) and enter the result in the first space of the worksheet in Step 5 of the Form 1040 instructions for lines 64a and 64b. File my 1040x electronically Put “Clergy” on the dotted line next to line 64a (Form 1040). File my 1040x electronically Church employees. File my 1040x electronically    A church employee means an employee (other than a minister or member of a religious order) of a church or qualified church-controlled organization that is exempt from employer social security and Medicare taxes. File my 1040x electronically If you received wages as a