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About EITC

The Earned Income Tax Credit (EITC) is a credit for people who do not earn high incomes. EITC can reduce taxes, and increase a refund. Workers keep more of what they earn.  Income and family size determine the amount of the EITC, which is adjusted for inflation each year.  

Tax Year 2008 Income Thresholds and Range of EITC

Number of Qualifying  Children For Single/Head of Household, Income Must be Less Than   For Married Filing Jointly, Income Must be Less Than EITC Range
 No Child $12,880  $15,880  $2 to $438 
One Child $33,995 $36,995 $9 to $2,917
Two or More Children $38,646 $$41,646 $10 to $4,824

from http://www.eitc.irs.gov/central/abouteitc/ranges/

Basic Qualifications

All workers claiming the EITC must:

  • Be U.S. Citizen or resident alien for the entire year
  • Have valid Social Security number
  • Have earned income
  • Not file as “married filing separate”
  • Not file Form 2555 or Form 2555-EZ (related to Foreign Earned Income)
  • Meet the investment income limitation ($2,950 for 2008)
  • Not be the qualifying child of another person

Workers without a Qualifying Child Must:

  • Have lived in the United States for more than half of the tax year
  • Be at least age 25 but not age 65 or older
  • Cannot qualify as the dependent of another person

To File with a "Qualifying Child", the Child Must Pass All of the Following Tests:

  • Relationship : A son or daughter (natural or adopted), Stepchild, or Foster child OR brother, sister, stepbrother, stepsister or a descendant of any of them
  • Age : At the end of the filing year the child must be younger than 19, OR younger than 24 and a full-time student, OR permanently and totally disabled
  • Residency : Child must live with taxpayer in the United States for more than half the year

Note: Only one person can claim the same child for the EITC. If more than one person can claim the child for EITC, the persons choose who claims the child but if more than one claims the child, IRS applies the tie-breaker rules.

 

 

Tie Breaker Rules

If more than one person can claim a child as a qualifying child, they can choose the one who will claim the child.  If more than one person claims the child, the IRS will choose according to following rules.  Note that it is not first to file that gets to claim the child:  

Rule

Person claiming child

If only one person is the child's parent parent
If two people are parents of the child and do not file a joint return together parent with whom child lived longest
If two people are parents of the child and do not file a joint return together, and the child lived with each parent the same amount of time during the year parent with highest AGI
If none of the people are the child’s parents person with highest AGI

Advance EITC

EITC for a year is received as a lump sum after income tax filing after the year is over.  Would it be possible to receive the EITC a little bit at a time during the current year? 

The answer is YES!  It is the Advance EITC!

It allows some workers to receive EITC in installments throughout the year. Those who qualify can register in January each year to receive part of the credit each paycheck, which adds to the take-home pay.
 
The maximum amount of EITC paid in advance is 60% of maximum credit for a worker with one qualifying child. For 2009, the amount is $1,825. To qualify for Advance EITC, taxpayers must:

  • Expect 2009 income to be less than $35,463 ($38,583 if filing joint return)
  • Have at least one qualifying child
  • Qualify for EITC
If you meet these requirements, Complete Form W-5, Earned Income Credit Advance Payment Certificate, and give the bottom part to employer. 

With this authorization, the employer will include the amount in their paychecks.

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Last modified: 10/28/09.