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Income Tax 1040ez

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Income Tax 1040ez

Income tax 1040ez 36. Income tax 1040ez   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. Income tax 1040ez Rules for EveryoneRule 1. Income tax 1040ez Your AGI Must Be Less Than: Rule 2. Income tax 1040ez You Must Have a Valid Social Security Number (SSN) Rule 3. Income tax 1040ez Your Filing Status Cannot Be Married Filing Separately Rule 4. Income tax 1040ez You Must Be a U. Income tax 1040ez S. Income tax 1040ez Citizen or Resident Alien All Year Rule 5. Income tax 1040ez You Cannot File Form 2555 or Form 2555-EZ Rule 6. Income tax 1040ez Your Investment Income Must Be $3,300 or Less Rule 7. Income tax 1040ez You Must Have Earned Income Part B. Income tax 1040ez Rules If You Have a Qualifying ChildRule 8. Income tax 1040ez Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Rule 9. Income tax 1040ez Your Qualifying Child Cannot Be Used By More Than One Person To Claim the EIC Rule 10. Income tax 1040ez You Cannot Be a Qualifying Child of Another Taxpayer Part C. Income tax 1040ez Rules If You Do Not Have a Qualifying ChildRule 11. Income tax 1040ez You Must Be at Least Age 25 but Under Age 65 Rule 12. Income tax 1040ez You Cannot Be the Dependent of Another Person Rule 13. Income tax 1040ez You Cannot Be a Qualifying Child of Another Taxpayer Rule 14. Income tax 1040ez You Must Have Lived in the United States More Than Half of the Year Part D. Income tax 1040ez Figuring and Claiming the EICRule 15. Income tax 1040ez Your Earned Income Must Be Less Than: IRS Will Figure the EIC for You How To Figure the EIC Yourself ExamplesExample 1. Income tax 1040ez John and Janet Smith (Form 1040A) Example 2. Income tax 1040ez Kelly Green (Form 1040EZ) What's New Earned income amount is more. Income tax 1040ez  The maximum amount of income you can earn and still get the credit has increased. Income tax 1040ez 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). Income tax 1040ez Your adjusted gross income also must be less than the amount in the above list that applies to you. Income tax 1040ez For details, see Rules 1 and 15. Income tax 1040ez Investment income amount is more. Income tax 1040ez  The maximum amount of investment income you can have and still get the credit has increased to $3,300. Income tax 1040ez See Rule 6. Income tax 1040ez Reminders Increased EIC on certain joint returns. Income tax 1040ez  A married person filing a joint return may get more EIC than someone with the same income but a different filing status. Income tax 1040ez As a result, the EIC table has different columns for married persons filing jointly than for everyone else. Income tax 1040ez 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. Income tax 1040ez Online help. Income tax 1040ez  You can use the EITC Assistant at www. Income tax 1040ez irs. Income tax 1040ez gov/eitc to find out if you are eligible for the credit. Income tax 1040ez The EITC Assistant is available in English and Spanish. Income tax 1040ez EIC questioned by IRS. Income tax 1040ez  The IRS may ask you to provide documents to prove you are entitled to claim the EIC. Income tax 1040ez We will tell you what documents to send us. Income tax 1040ez These may include: birth certificates, school records, medical records, etc. Income tax 1040ez The process of establishing your eligibility will delay your refund. Income tax 1040ez Introduction The earned income credit (EIC) is a tax credit for certain people who work and have less than $51,567 of earned income. Income tax 1040ez A tax credit usually means more money in your pocket. Income tax 1040ez It reduces the amount of tax you owe. Income tax 1040ez The EIC may also give you a refund. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Or, if you prefer, you can let the IRS figure the credit for you. Income tax 1040ez How will this chapter help you?   This chapter will explain the following. Income tax 1040ez The rules you must meet to qualify for the EIC. Income tax 1040ez How to figure the EIC. Income tax 1040ez 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 . Income tax 1040ez 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 . Income tax 1040ez There is one final rule you must meet in Part D, Figuring and Claiming the EIC . Income tax 1040ez You qualify for the credit if you meet all the rules in each part that applies to you. Income tax 1040ez If you have a qualifying child, the rules in Parts A, B, and D apply to you. Income tax 1040ez If you do not have a qualifying child, the rules in Parts A, C, and D apply to you. Income tax 1040ez Table 36-1, Earned Income Credit in a Nutshell. Income tax 1040ez   Use Table 36–1 as a guide to Parts A, B, C, and D. Income tax 1040ez The table is a summary of all the rules in each part. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez You must also qualify to claim the EIC by meeting all the rules described in this chapter. Income tax 1040ez 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. Income tax 1040ez For example, if your arithmetic is incorrect, the IRS can correct it. Income tax 1040ez If you do not provide a correct social security number, the IRS can deny the EIC. Income tax 1040ez These kinds of errors are called math or clerical errors. Income tax 1040ez 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. Income tax 1040ez If your error was due to fraud, then you cannot claim the EIC for the next 10 years. Income tax 1040ez More information. Income tax 1040ez   See chapter 5 in Publication 596 for more detailed information about the disallowance period and Form 8862. Income tax 1040ez Part A. Income tax 1040ez Rules for Everyone This part of the chapter discusses Rules 1 through 7. Income tax 1040ez You must meet all seven rules to qualify for the earned income credit. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Rule 1. Income tax 1040ez 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. Income tax 1040ez Adjusted gross income (AGI). Income tax 1040ez   AGI is the amount on line 38 (Form 1040), line 22 (Form 1040A), or line 4 (Form 1040EZ). Income tax 1040ez If your AGI is equal to or more than the applicable limit listed above, you cannot claim the EIC. Income tax 1040ez Example. Income tax 1040ez Your AGI is $38,550, you are single, and you have one qualifying child. Income tax 1040ez You cannot claim the EIC because your AGI is not less than $37,870. Income tax 1040ez 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. Income tax 1040ez Community property. Income tax 1040ez   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. Income tax 1040ez This is different from the community property rules that apply under Rule 7 . Income tax 1040ez Rule 2. Income tax 1040ez 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). Income tax 1040ez Any qualifying child listed on Schedule EIC also must have a valid SSN. Income tax 1040ez (See Rule 8 if you have a qualifying child. Income tax 1040ez ) 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. Income tax 1040ez An example of a federally funded benefit is Medicaid. Income tax 1040ez 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. Income tax 1040ez S. Income tax 1040ez citizen or permanent resident, ask the SSA for a new social security card without the legend. Income tax 1040ez U. Income tax 1040ez S. Income tax 1040ez citizen. Income tax 1040ez   If you were a U. Income tax 1040ez S. Income tax 1040ez citizen when you received your SSN, you have a valid SSN. Income tax 1040ez Valid for work only with INS or DHS authorization. Income tax 1040ez   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. Income tax 1040ez SSN missing or incorrect. Income tax 1040ez   If an SSN for you or your spouse is missing from your tax return or is incorrect, you may not get the EIC. Income tax 1040ez Other taxpayer identification number. Income tax 1040ez   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). Income tax 1040ez ITINs are issued by the Internal Revenue Service to noncitizens who cannot get an SSN. Income tax 1040ez No SSN. Income tax 1040ez   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). Income tax 1040ez You cannot claim the EIC. Income tax 1040ez Getting an SSN. Income tax 1040ez   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. Income tax 1040ez You can get Form SS-5 online at www. Income tax 1040ez socialsecurity. Income tax 1040ez gov, from your local SSA office, or by calling the SSA at 1-800-772-1213. Income tax 1040ez Filing deadline approaching and still no SSN. Income tax 1040ez   If the filing deadline is approaching and you still do not have an SSN, you have two choices. Income tax 1040ez Request an automatic 6-month extension of time to file your return. Income tax 1040ez You can get this extension by filing Form 4868, Application for Automatic Extension of Time to File U. Income tax 1040ez S. Income tax 1040ez Individual Income Tax Return. Income tax 1040ez For more information, see chapter 1 . Income tax 1040ez File the return on time without claiming the EIC. Income tax 1040ez After receiving the SSN, file an amended return (Form 1040X, Amended U. Income tax 1040ez S. Income tax 1040ez Individual Income Tax Return) claiming the EIC. Income tax 1040ez Attach a filled-in Schedule EIC if you have a qualifying child. Income tax 1040ez Table 36-1. Income tax 1040ez Earned Income Credit in a Nutshell First, you must meet all the rules in this column. Income tax 1040ez Second, you must meet all the rules in one of these columns, whichever applies. Income tax 1040ez Third, you must meet the rule in this column. Income tax 1040ez Part A. Income tax 1040ez  Rules for Everyone Part B. Income tax 1040ez  Rules If You Have a Qualifying Child Part C. Income tax 1040ez  Rules If You Do Not Have a Qualifying Child Part D. Income tax 1040ez  Figuring and Claiming the EIC 1. Income tax 1040ez 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. Income tax 1040ez 2. Income tax 1040ez You must have a valid social security number. Income tax 1040ez  3. Income tax 1040ez Your filing status cannot be “Married filing separately. Income tax 1040ez ” 4. Income tax 1040ez You must be a U. Income tax 1040ez S. Income tax 1040ez citizen or resident alien all year. Income tax 1040ez  5. Income tax 1040ez You cannot file Form 2555 or Form 2555-EZ (relating to foreign earned income). Income tax 1040ez  6. Income tax 1040ez Your investment income must be $3,300 or less. Income tax 1040ez  7. Income tax 1040ez You must have earned income. Income tax 1040ez 8. Income tax 1040ez Your child must meet the relationship, age, residency, and joint return tests. Income tax 1040ez  9. Income tax 1040ez Your qualifying child cannot be used by more than one person to claim the EIC. Income tax 1040ez  10. Income tax 1040ez You cannot be a qualifying child of another person. Income tax 1040ez 11. Income tax 1040ez You must be at least age 25 but under age 65. Income tax 1040ez  12. Income tax 1040ez You cannot be the dependent of another person. Income tax 1040ez  13. Income tax 1040ez You cannot be a qualifying child of another person. Income tax 1040ez  14. Income tax 1040ez You must have lived in the United States more than half of the year. Income tax 1040ez 15. Income tax 1040ez 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. Income tax 1040ez Rule 3. Income tax 1040ez Your Filing Status Cannot Be Married Filing Separately If you are married, you usually must file a joint return to claim the EIC. Income tax 1040ez Your filing status cannot be “Married filing separately. Income tax 1040ez ” Spouse did not live with you. Income tax 1040ez   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. Income tax 1040ez In that case, you may be able to claim the EIC. Income tax 1040ez For detailed information about filing as head of household, see chapter 2 . Income tax 1040ez Rule 4. Income tax 1040ez You Must Be a U. Income tax 1040ez S. Income tax 1040ez 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. Income tax 1040ez You can use that filing status only if one spouse is a U. Income tax 1040ez S. Income tax 1040ez citizen or resident alien and you choose to treat the nonresident spouse as a U. Income tax 1040ez S. Income tax 1040ez resident. Income tax 1040ez If you make this choice, you and your spouse are taxed on your worldwide income. Income tax 1040ez 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). Income tax 1040ez If you need more information on making this choice, get Publication 519, U. Income tax 1040ez S. Income tax 1040ez Tax Guide for Aliens. Income tax 1040ez Rule 5. Income tax 1040ez 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. Income tax 1040ez You file these forms to exclude income earned in foreign countries from your gross income, or to deduct or exclude a foreign housing amount. Income tax 1040ez U. Income tax 1040ez S. Income tax 1040ez possessions are not foreign countries. Income tax 1040ez See Publication 54, Tax Guide for U. Income tax 1040ez S. Income tax 1040ez Citizens and Resident Aliens Abroad, for more detailed information. Income tax 1040ez Rule 6. Income tax 1040ez 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. Income tax 1040ez If your investment income is more than $3,300, you cannot claim the credit. Income tax 1040ez For most people, investment income is the total of the following amounts. Income tax 1040ez Taxable interest (line 8a of Form 1040 or 1040A). Income tax 1040ez Tax-exempt interest (line 8b of Form 1040 or 1040A). Income tax 1040ez Dividend income (line 9a of Form 1040 or 1040A). Income tax 1040ez Capital gain net income (line 13 of Form 1040, if more than zero, or line 10 of Form 1040A). Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Rule 7. Income tax 1040ez You Must Have Earned Income This credit is called the “earned income” credit because, to qualify, you must work and have earned income. Income tax 1040ez If you are married and file a joint return, you meet this rule if at least one spouse works and has earned income. Income tax 1040ez If you are an employee, earned income includes all the taxable income you get from your employer. Income tax 1040ez 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. Income tax 1040ez Earned Income Earned income includes all of the following types of income. Income tax 1040ez Wages, salaries, tips, and other taxable employee pay. Income tax 1040ez Employee pay is earned income only if it is taxable. Income tax 1040ez Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. Income tax 1040ez But there is an exception for nontaxable combat pay, which you can choose to include in earned income, as explained below. Income tax 1040ez Net earnings from self-employment. Income tax 1040ez Gross income received as a statutory employee. Income tax 1040ez Wages, salaries, and tips. Income tax 1040ez   Wages, salaries, and tips you receive for working are reported to you on Form W-2, in box 1. Income tax 1040ez You should report these on line 1 (Form 1040EZ) or line 7 (Forms 1040A and 1040). Income tax 1040ez Nontaxable combat pay election. Income tax 1040ez   You can elect to include your nontaxable combat pay in earned income for the earned income credit. Income tax 1040ez Electing to include nontaxable combat pay in earned income may increase or decrease your EIC. Income tax 1040ez Figure the credit with and without your nontaxable combat pay before making the election. Income tax 1040ez   If you make the election, you must include in earned income all nontaxable combat pay you received. Income tax 1040ez If you are filing a joint return and both you and your spouse received nontaxable combat pay, you can each make your own election. Income tax 1040ez In other words, if one of you makes the election, the other one can also make it but does not have to. Income tax 1040ez   The amount of your nontaxable combat pay should be shown in box 12 of your Form W-2 with code “Q. Income tax 1040ez ” Self-employed persons and statutory employees. Income tax 1040ez   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. Income tax 1040ez 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. Income tax 1040ez Each approved form exempts certain income from social security taxes. Income tax 1040ez Each form is discussed here in terms of what is or is not earned income for the EIC. Income tax 1040ez Form 4361. Income tax 1040ez   Whether or not you have an approved Form 4361, amounts you received for performing ministerial duties as an employee count as earned income. Income tax 1040ez This includes wages, salaries, tips, and other taxable employee compensation. Income tax 1040ez A nontaxable housing allowance or the nontaxable rental value of a home is not earned income. Income tax 1040ez Also, amounts you received for performing ministerial duties, but not as an employee, do not count as earned income. Income tax 1040ez Examples include fees for performing marriages and honoraria for delivering speeches. Income tax 1040ez Form 4029. Income tax 1040ez   Whether or not you have an approved Form 4029, all wages, salaries, tips, and other taxable employee compensation count as earned income. Income tax 1040ez However, amounts you received as a self-employed individual do not count as earned income. Income tax 1040ez Also, in figuring earned income, do not subtract losses on Schedule C, C-EZ, or F from wages on line 7 of Form 1040. Income tax 1040ez 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. Income tax 1040ez Minimum retirement age generally is the earliest age at which you could have received a pension or annuity if you were not disabled. Income tax 1040ez You must report your taxable disability payments on line 7 of either Form 1040 or Form 1040A until you reach minimum retirement age. Income tax 1040ez Beginning on the day after you reach minimum retirement age, payments you receive are taxable as a pension and are not considered earned income. Income tax 1040ez Report taxable pension payments on Form 1040, lines 16a and 16b (or Form 1040A, lines 12a and 12b). Income tax 1040ez Disability insurance payments. Income tax 1040ez   Payments you received from a disability insurance policy that you paid the premiums for are not earned income. Income tax 1040ez It does not matter whether you have reached minimum retirement age. Income tax 1040ez If this policy is through your employer, the amount may be shown in box 12 of your Form W-2 with code “J. Income tax 1040ez ” 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. Income tax 1040ez Do not include any of these items in your earned income. Income tax 1040ez Earnings while an inmate. Income tax 1040ez   Amounts received for work performed while an inmate in a penal institution are not earned income when figuring the earned income credit. Income tax 1040ez This includes amounts for work performed while in a work release program or while in a halfway house. Income tax 1040ez Workfare payments. Income tax 1040ez   Nontaxable workfare payments are not earned income for the EIC. Income tax 1040ez 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. Income tax 1040ez Community property. Income tax 1040ez   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. Income tax 1040ez That amount is not earned income for the EIC, even though you must include it in your gross income on your income tax return. Income tax 1040ez 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. Income tax 1040ez Nevada, Washington, and California domestic partners. Income tax 1040ez   If you are a registered domestic partner in Nevada, Washington, or California, the same rules apply. Income tax 1040ez Your earned income for the EIC does not include any amount earned by your partner. Income tax 1040ez Your earned income includes the entire amount you earned. Income tax 1040ez For details, see Publication 555. Income tax 1040ez Conservation Reserve Program (CRP) payments. Income tax 1040ez   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. Income tax 1040ez Nontaxable military pay. Income tax 1040ez   Nontaxable pay for members of the Armed Forces is not considered earned income for the EIC. Income tax 1040ez Examples of nontaxable military pay are combat pay, the Basic Allowance for Housing (BAH), and the Basic Allowance for Subsistence (BAS). Income tax 1040ez See Publication 3, Armed Forces' Tax Guide, for more information. Income tax 1040ez    Combat pay. Income tax 1040ez You can elect to include your nontaxable combat pay in earned income for the EIC. Income tax 1040ez See Nontaxable combat pay election, earlier. Income tax 1040ez Part B. Income tax 1040ez 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. Income tax 1040ez Part B discusses Rules 8 through 10. Income tax 1040ez 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. Income tax 1040ez You must file Form 1040 or Form 1040A to claim the EIC with a qualifying child. Income tax 1040ez (You cannot file Form 1040EZ. Income tax 1040ez ) You also must complete Schedule EIC and attach it to your return. Income tax 1040ez If you meet all the rules in Part A and this part, read Part D to find out what to do next. Income tax 1040ez If you do not meet Rule 8, you do not have a qualifying child. Income tax 1040ez Read Part C to find out if you can get the earned income credit without a qualifying child. Income tax 1040ez Rule 8. Income tax 1040ez Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Your child is a qualifying child if your child meets four tests. Income tax 1040ez The four tests are: Relationship, Age, Residency, and Joint return. Income tax 1040ez The four tests are illustrated in Figure 36–1. Income tax 1040ez The paragraphs that follow contain more information about each test. Income tax 1040ez 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). Income tax 1040ez The following definitions clarify the relationship test. Income tax 1040ez Adopted child. Income tax 1040ez   An adopted child is always treated as your own child. Income tax 1040ez The term “adopted child” includes a child who was lawfully placed with you for legal adoption. Income tax 1040ez Foster child. Income tax 1040ez   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. Income tax 1040ez An authorized placement agency includes a state or local government agency. Income tax 1040ez It also includes a tax-exempt organization licensed by a state. Income tax 1040ez In addition, it includes an Indian tribal government or an organization authorized by an Indian tribal government to place Indian children. Income tax 1040ez Example. Income tax 1040ez 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. Income tax 1040ez Debbie is your foster child. Income tax 1040ez 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. Income tax 1040ez    The following examples and definitions clarify the age test. Income tax 1040ez Example 1—child not under age 19. Income tax 1040ez Your son turned 19 on December 10. Income tax 1040ez 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. Income tax 1040ez Example 2—child not younger than you or your spouse. Income tax 1040ez Your 23-year-old brother, who is a full-time student and unmarried, lives with you and your spouse. Income tax 1040ez He is not disabled. Income tax 1040ez Both you and your spouse are 21 years old and you file a joint return. Income tax 1040ez Your brother is not your qualifying child because he is not younger than you or your spouse. Income tax 1040ez Example 3—child younger than your spouse but not younger than you. Income tax 1040ez The facts are the same as in Example 2 except that your spouse is 25 years old. Income tax 1040ez Because your brother is younger than your spouse, he is your qualifying child even though he is not younger than you. Income tax 1040ez Student defined. Income tax 1040ez   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. Income tax 1040ez The 5 calendar months need not be consecutive. Income tax 1040ez   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. Income tax 1040ez School defined. Income tax 1040ez   A school can be an elementary school, junior or senior high school, college, university, or technical, trade, or mechanical school. Income tax 1040ez However, on-the-job training courses, correspondence schools, and schools offering courses only through the Internet do not count as schools for the EIC. Income tax 1040ez Vocational high school students. Income tax 1040ez   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. Income tax 1040ez Permanently and totally disabled. Income tax 1040ez   Your child is permanently and totally disabled if both of the following apply. Income tax 1040ez He or she cannot engage in any substantial gainful activity because of a physical or mental condition. Income tax 1040ez A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death. Income tax 1040ez Residency Test Your child must have lived with you in the United States for more than half of 2013. Income tax 1040ez The following definitions clarify the residency test. Income tax 1040ez United States. Income tax 1040ez   This means the 50 states and the District of Columbia. Income tax 1040ez It does not include Puerto Rico or U. Income tax 1040ez S. Income tax 1040ez possessions such as Guam. Income tax 1040ez Homeless shelter. Income tax 1040ez   Your home can be any location where you regularly live. Income tax 1040ez You do not need a traditional home. Income tax 1040ez 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. Income tax 1040ez Military personnel stationed outside the United States. Income tax 1040ez    U. Income tax 1040ez S. Income tax 1040ez 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. Income tax 1040ez Figure 36-1. Income tax 1040ez Tests for Qualifying Child Please click here for the text description of the image. Income tax 1040ez Qualifying child Extended active duty. Income tax 1040ez   Extended active duty means you are called or ordered to duty for an indefinite period or for a period of more than 90 days. Income tax 1040ez 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. Income tax 1040ez Birth or death of a child. Income tax 1040ez   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. Income tax 1040ez Temporary absences. Income tax 1040ez   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. Income tax 1040ez Examples of a special circumstance include illness, school attendance, business, vacation, military service, and detention in a juvenile facility. Income tax 1040ez Kidnapped child. Income tax 1040ez    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. Income tax 1040ez 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. Income tax 1040ez This treatment applies for all years until the child is returned. Income tax 1040ez 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. Income tax 1040ez   If your qualifying child has been kidnapped and meets these requirements, enter “KC,” instead of a number, on line 6 of Schedule EIC. Income tax 1040ez Joint Return Test To meet this test, the child cannot file a joint return for the year. Income tax 1040ez Exception. Income tax 1040ez   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. Income tax 1040ez Example 1—child files joint return. Income tax 1040ez You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. Income tax 1040ez He earned $25,000 for the year. Income tax 1040ez The couple files a joint return. Income tax 1040ez Because your daughter and her husband filed a joint return, she is not your qualifying child. Income tax 1040ez Example 2—child files joint return only to claim a refund of withheld tax. Income tax 1040ez Your 18-year-old son and his 17-year-old wife had $800 of wages from part-time jobs and no other income. Income tax 1040ez They do not have a child. Income tax 1040ez Neither is required to file a tax return. Income tax 1040ez Taxes were taken out of their pay, so they filed a joint return only to get a refund of the withheld taxes. Income tax 1040ez The exception to the joint return test applies, so your son may be your qualifying child if all the other tests are met. Income tax 1040ez Example 3—child files joint return to claim American opportunity credit. Income tax 1040ez The facts are the same as in Example 2 except no taxes were taken out of your son's pay. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez The exception to the joint return test does not apply, so your son is not your qualifying child. Income tax 1040ez Married child. Income tax 1040ez   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. Income tax 1040ez Social security number. Income tax 1040ez   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. Income tax 1040ez 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. Income tax 1040ez   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. Income tax 1040ez For more information about SSNs, see Rule 2 . Income tax 1040ez Rule 9. Income tax 1040ez 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. Income tax 1040ez However, only one of these persons can actually treat the child as a qualifying child. Income tax 1040ez 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). Income tax 1040ez The exemption for the child. Income tax 1040ez The child tax credit. Income tax 1040ez Head of household filing status. Income tax 1040ez The credit for child and dependent care expenses. Income tax 1040ez The exclusion for dependent care benefits. Income tax 1040ez The EIC. Income tax 1040ez The other person cannot take any of these benefits based on this qualifying child. Income tax 1040ez In other words, you and the other person cannot agree to divide these tax benefits between you. Income tax 1040ez The other person cannot take any of these tax benefits unless he or she has a different qualifying child. Income tax 1040ez The tiebreaker rules explained next explain who, if anyone, can claim the EIC when more than one person has the same qualifying child. Income tax 1040ez However, the tiebreaker rules do not apply if the other person is your spouse and you file a joint return. Income tax 1040ez Tiebreaker rules. Income tax 1040ez   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. Income tax 1040ez If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez See Example 8 . Income tax 1040ez   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. Income tax 1040ez See Examples 1 through 13 . Income tax 1040ez   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. Income tax 1040ez If the other person cannot claim the EIC. Income tax 1040ez   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. Income tax 1040ez See Examples 6 and 7 . Income tax 1040ez 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. Income tax 1040ez Examples. Income tax 1040ez The following examples may help you in determining whether you can claim the EIC when you and someone else have the same qualifying child. Income tax 1040ez Example 1. Income tax 1040ez You and your 2-year-old son Jimmy lived with your mother all year. Income tax 1040ez You are 25 years old, unmarried, and your AGI is $9,000. Income tax 1040ez Your only income was $9,000 from a part-time job. Income tax 1040ez Your mother's only income was $20,000 from her job, and her AGI is $20,000. Income tax 1040ez Jimmy's father did not live with you or Jimmy. Income tax 1040ez The special rule explained later for divorced or separated parents (or parents who live apart) does not apply. Income tax 1040ez 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. Income tax 1040ez 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). Income tax 1040ez He is not a qualifying child of anyone else, including his father. Income tax 1040ez 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). Income tax 1040ez Example 2. Income tax 1040ez The facts are the same as in Example 1 except your AGI is $25,000. Income tax 1040ez Because your mother's AGI is not higher than yours, she cannot claim Jimmy as a qualifying child. Income tax 1040ez Only you can claim him. Income tax 1040ez Example 3. Income tax 1040ez The facts are the same as in Example 1 except that you and your mother both claim Jimmy as a qualifying child. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Example 4. Income tax 1040ez 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. Income tax 1040ez Only one of you can claim each child. Income tax 1040ez However, if your mother's AGI is higher than yours, you can allow your mother to claim one or more of the children. Income tax 1040ez For example, if you claim one child, your mother can claim the other two. Income tax 1040ez Example 5. Income tax 1040ez The facts are the same as in Example 1 except that you are only 18 years old. Income tax 1040ez This means you are a qualifying child of your mother. Income tax 1040ez Because of Rule 10 , discussed next, you cannot claim the EIC and cannot claim Jimmy as a qualifying child. Income tax 1040ez Only your mother may be able to treat Jimmy as a qualifying child to claim the EIC. Income tax 1040ez 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. Income tax 1040ez Example 6. Income tax 1040ez The facts are the same as in Example 1 except that your mother earned $50,000 from her job. Income tax 1040ez Because your mother's earned income is too high for her to claim the EIC, only you can claim the EIC using your son. Income tax 1040ez Example 7. Income tax 1040ez The facts are the same as in Example 1 except that you earned $50,000 from your job and your AGI is $50,500. Income tax 1040ez Your earned income is too high for you to claim the EIC. Income tax 1040ez But your mother cannot claim the EIC either, because her AGI is not higher than yours. Income tax 1040ez Example 8. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez In other words, each parent's AGI can be treated as $15,000. Income tax 1040ez Example 9. Income tax 1040ez You, your husband, and your 10-year-old son Joey lived together until August 1, 2013, when your husband moved out of the household. Income tax 1040ez In August and September, Joey lived with you. Income tax 1040ez For the rest of the year, Joey lived with your husband, who is Joey's father. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez You and your husband will file separate returns. Income tax 1040ez Your husband agrees to let you treat Joey as a qualifying child. Income tax 1040ez 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. Income tax 1040ez However, your filing status is married filing separately, so you cannot claim the EIC or the credit for child and dependent care expenses. Income tax 1040ez See Rule 3 . Income tax 1040ez Example 10. Income tax 1040ez The facts are the same as in Example 9 except that you and your husband both claim Joey as a qualifying child. Income tax 1040ez In this case, only your husband will be allowed to treat Joey as a qualifying child. Income tax 1040ez This is because, during 2013, the boy lived with him longer than with you. Income tax 1040ez You cannot claim the EIC (either with or without a qualifying child). Income tax 1040ez 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. Income tax 1040ez See Rule 3 . Income tax 1040ez Example 11. Income tax 1040ez You, your 5-year-old son and your son's father lived together all year. Income tax 1040ez You and your son's father are not married. Income tax 1040ez 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. Income tax 1040ez Your earned income and AGI are $12,000, and your son's father's earned income and AGI are $14,000. Income tax 1040ez Neither of you had any other income. Income tax 1040ez Your son's father agrees to let you treat the child as a qualifying child. Income tax 1040ez 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. Income tax 1040ez Example 12. Income tax 1040ez 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. Income tax 1040ez In this case, only your son's father will be allowed to treat your son as a qualifying child. Income tax 1040ez This is because his AGI, $14,000, is more than your AGI, $12,000. Income tax 1040ez You cannot claim the EIC (either with or without a qualifying child). Income tax 1040ez Example 13. Income tax 1040ez You and your 7-year-old niece, your sister's child, lived with your mother all year. Income tax 1040ez You are 25 years old, and your AGI is $9,300. Income tax 1040ez Your only income was from a part-time job. Income tax 1040ez Your mother's AGI is $15,000. Income tax 1040ez Her only income was from her job. Income tax 1040ez Your niece's parents file jointly, have an AGI of less than $9,000, and do not live with you or their child. Income tax 1040ez 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. Income tax 1040ez However, only your mother can treat her as a qualifying child. Income tax 1040ez This is because your mother's AGI, $15,000, is more than your AGI, $9,300. Income tax 1040ez Special rule for divorced or separated parents (or parents who live apart). Income tax 1040ez   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. Income tax 1040ez 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. Income tax 1040ez The child received over half of his or her support for the year from the parents. Income tax 1040ez The child is in the custody of one or both parents for more than half of 2013. Income tax 1040ez Either of the following statements is true. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez  For details, see chapter 3. Income tax 1040ez Also see Applying Rule 9 to divorced or separated parents (or parents who live apart) , next. Income tax 1040ez Applying Rule 9 to divorced or separated parents (or parents who live apart). Income tax 1040ez   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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Example 1. Income tax 1040ez You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. Income tax 1040ez Your AGI is $10,000. Income tax 1040ez Your mother’s AGI is $25,000. Income tax 1040ez Your son's father did not live with you or your son. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez You and your mother did not have any child care expenses or dependent care benefits. Income tax 1040ez 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. Income tax 1040ez Example 2. Income tax 1040ez The facts are the same as in Example 1 except that your AGI is $25,000 and your mother's AGI is $21,000. Income tax 1040ez Your mother cannot claim your son as a qualifying child for any purpose because her AGI is not higher than yours. Income tax 1040ez Example 3. Income tax 1040ez 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. Income tax 1040ez Your mother also claims him as a qualifying child for head of household filing status. Income tax 1040ez You as the child's parent will be the only one allowed to claim your son as a qualifying child for the EIC. Income tax 1040ez The IRS will disallow your mother's claim to the EIC and head of household filing status unless she has another qualifying child. Income tax 1040ez Rule 10. Income tax 1040ez You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. Income tax 1040ez ) if all of the following statements are true. Income tax 1040ez You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. Income tax 1040ez Or, you are that person's brother, sister, half brother, half sister, stepbrother, or stepsister (or a descendant of any of them). Income tax 1040ez 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. Income tax 1040ez You lived with that person in the United States for more than half of the year. Income tax 1040ez 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). Income tax 1040ez For more details about the tests to be a qualifying child, see Rule 8 . Income tax 1040ez If you are a qualifying child of another taxpayer, you cannot claim the EIC. Income tax 1040ez 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. Income tax 1040ez Put “No” beside line 64a (Form 1040) or line 38a (Form 1040A). Income tax 1040ez Example. Income tax 1040ez You and your daughter lived with your mother all year. Income tax 1040ez You are 22 years old, unmarried, and attended a trade school full time. Income tax 1040ez You had a part-time job and earned $5,700. Income tax 1040ez You had no other income. Income tax 1040ez Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother. Income tax 1040ez She can claim the EIC if she meets all the other requirements. Income tax 1040ez Because you are your mother's qualifying child, you cannot claim the EIC. Income tax 1040ez This is so even if your mother cannot or does not claim the EIC. Income tax 1040ez Child of person not required to file a return. Income tax 1040ez   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. Income tax 1040ez Example. Income tax 1040ez 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. Income tax 1040ez As a result, you are not your mother's qualifying child. Income tax 1040ez You can claim the EIC if you meet all the other requirements to do so. Income tax 1040ez   See Rule 10 in Publication 596 for additional examples. Income tax 1040ez Part C. Income tax 1040ez 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 . Income tax 1040ez  Part C discusses Rules 11 through 14. Income tax 1040ez 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. Income tax 1040ez If you have a qualifying child, the rules in this part do not apply to you. Income tax 1040ez You can claim the credit only if you meet all the rules in Parts A, B, and D. Income tax 1040ez See Rule 8 to find out if you have a qualifying child. Income tax 1040ez Rule 11. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez It does not matter which spouse meets the age test, as long as one of the spouses does. Income tax 1040ez You meet the age test if you were born after December 31, 1948, and before January 2, 1989. Income tax 1040ez 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. Income tax 1040ez If neither you nor your spouse meets the age test, you cannot claim the EIC. Income tax 1040ez Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). Income tax 1040ez Death of spouse. Income tax 1040ez   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. Income tax 1040ez Example 1. Income tax 1040ez You are age 28 and unmarried. Income tax 1040ez You meet the age test. Income tax 1040ez Example 2—spouse meets age test. Income tax 1040ez You are married and filing a joint return. Income tax 1040ez You are age 23 and your spouse is age 27. Income tax 1040ez You meet the age test because your spouse is at least age 25 but under age 65. Income tax 1040ez Example 3—spouse dies in 2013. Income tax 1040ez You are married and filing a joint return with your spouse who died in August 2013. Income tax 1040ez You are age 67. Income tax 1040ez Your spouse would have become age 65 in November 2013. Income tax 1040ez Because your spouse was under age 65 when she died, you meet the age test. Income tax 1040ez Rule 12. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Example 1. Income tax 1040ez In 2013, you were age 25, single, and living at home with your parents. Income tax 1040ez You worked and were not a student. Income tax 1040ez You earned $7,500. Income tax 1040ez Your parents cannot claim you as a dependent. Income tax 1040ez 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. Income tax 1040ez You meet this rule. Income tax 1040ez You can claim the EIC if you meet all the other requirements. Income tax 1040ez Example 2. Income tax 1040ez The facts are the same as in Example 1 , except that you earned $2,000. Income tax 1040ez Your parents can claim you as a dependent but decide not to. Income tax 1040ez You do not meet this rule. Income tax 1040ez You cannot claim the credit because your parents could have claimed you as a dependent. Income tax 1040ez Joint returns. Income tax 1040ez   You generally cannot be claimed as a dependent by another person if you are married and file a joint return. Income tax 1040ez   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. Income tax 1040ez But neither you nor your spouse can be claimed as a dependent by another person if you claim the EIC on your joint return. Income tax 1040ez Example 1. Income tax 1040ez You are 26 years old. Income tax 1040ez You and your wife live with your parents and had $800 of wages from part-time jobs and no other income. Income tax 1040ez Neither you nor your wife is required to file a tax return. Income tax 1040ez You do not have a child. Income tax 1040ez Taxes were taken out of your pay, so you file a joint return only to get a refund of the withheld taxes. Income tax 1040ez Your parents are not disqualified from claiming an exemption for you just because you filed a joint return. Income tax 1040ez They can claim exemptions for you and your wife if all the other tests to do so are met. Income tax 1040ez Example 2. Income tax 1040ez The facts are the same as in Example 1 except no taxes were taken out of your pay. Income tax 1040ez 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. Income tax 1040ez 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. Income tax 1040ez Your parents cannot claim an exemption for either you or your wife. Income tax 1040ez Rule 13. Income tax 1040ez You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. Income tax 1040ez ) if all of the following statements are true. Income tax 1040ez You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. Income tax 1040ez Or, you are that person's brother, sister, half brother, half sister, stepbrother, or stepsister (or a descendant of any of them). Income tax 1040ez 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. Income tax 1040ez You lived with that person in the United States for more than half of the year. Income tax 1040ez 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). Income tax 1040ez For more details about the tests to be a qualifying child, see Rule 8 . Income tax 1040ez If you are a qualifying child of another taxpayer, you cannot claim the EIC. Income tax 1040ez 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. Income tax 1040ez Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). Income tax 1040ez Example. Income tax 1040ez You lived with your mother all year. Income tax 1040ez You are age 26, unmarried, and permanently and totally disabled. Income tax 1040ez Your only income was from a community center where you went three days a week to answer telephones. Income tax 1040ez You earned $5,000 for the year and provided more than half of your own support. Income tax 1040ez Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother for the EIC. Income tax 1040ez She can claim the EIC if she meets all the other requirements. Income tax 1040ez Because you are a qualifying child of your mother, you cannot claim the EIC. Income tax 1040ez This is so even if your mother cannot or does not claim the EIC. Income tax 1040ez Joint returns. Income tax 1040ez   You generally cannot be a qualifying child of another taxpayer if you are married and file a joint return. Income tax 1040ez   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. Income tax 1040ez But neither you nor your spouse can be a qualifying child of another taxpayer if you claim the EIC on your joint return. Income tax 1040ez Child of person not required to file a return. Income tax 1040ez   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. Income tax 1040ez Example. Income tax 1040ez You lived all year with your father. Income tax 1040ez You are 27 years old, unmarried, permanently and totally disabled, and earned $13,000. Income tax 1040ez You have no other income, no children, and provided more than half of your own support. Income tax 1040ez Your father had no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. Income tax 1040ez As a result, you are not your father's qualifying child. Income tax 1040ez You can claim the EIC if you meet all the other requirements to do so. Income tax 1040ez   See Rule 13 in Publication 596 for additional examples. Income tax 1040ez Rule 14. Income tax 1040ez 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. Income tax 1040ez If it was not, put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). Income tax 1040ez United States. Income tax 1040ez   This means the 50 states and the District of Columbia. Income tax 1040ez It does not include Puerto Rico or U. Income tax 1040ez S. Income tax 1040ez possessions such as Guam. Income tax 1040ez Homeless shelter. Income tax 1040ez   Your home can be any location where you regularly live. Income tax 1040ez You do not need a traditional home. Income tax 1040ez If you lived in one or more homeless shelters in the United States for more than half the year, you meet this rule. Income tax 1040ez Military personnel stationed outside the United States. Income tax 1040ez   U. Income tax 1040ez S. Income tax 1040ez 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. Income tax 1040ez Part D. Income tax 1040ez 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. Income tax 1040ez Part D discusses Rule 15 . Income tax 1040ez 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. Income tax 1040ez This part of the chapter also explains how to figure the amount of your credit. Income tax 1040ez You have two choices. Income tax 1040ez Have the IRS figure the EIC for you. Income tax 1040ez If you want to do this, see IRS Will Figure the EIC for You . Income tax 1040ez Figure the EIC yourself. Income tax 1040ez If you want to do this, see How To Figure the EIC Yourself . Income tax 1040ez Rule 15. Income tax 1040ez 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. Income tax 1040ez Earned income generally means wages, salaries, tips, other taxable employee pay, and net earnings from self-employment. Income tax 1040ez Employee pay is earned income only if it is taxable. Income tax 1040ez Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. Income tax 1040ez But there is an exception for nontaxable combat pay, which you can choose to include in earned income. Income tax 1040ez Earned income is explained in detail in Rule 7 . Income tax 1040ez Figuring earned income. Income tax 1040ez   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. Income tax 1040ez   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. Income tax 1040ez   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). Income tax 1040ez 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. Income tax 1040ez Scholarship or fellowship grants not reported on a Form W-2. Income tax 1040ez   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. Income tax 1040ez Inmate's income. Income tax 1040ez   Amounts received for work performed while an inmate in a penal institution are not earned income for the earned income credit. Income tax 1040ez This includes amounts received for work performed while in a work release program or while in a halfway house. Income tax 1040ez 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). Income tax 1040ez Pension or annuity from deferred compensation plans. Income tax 1040ez   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. Income tax 1040ez 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). Income tax 1040ez This amount may be reported in box 11 of your Form W-2. Income tax 1040ez If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or annuity. Income tax 1040ez Clergy. Income tax 1040ez   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. Income tax 1040ez Put “Clergy” on the dotted line next to line 64a (Form 1040). Income tax 1040ez Church employees. Income tax 1040ez    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. Income tax 1040ez If you received wages as a
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