Publication 554 |
2000 Tax Year |
Earned Income Credit
The earned income credit (EIC) is available to persons with or
without a qualifying child. This section will list separately the
rules that persons with a qualifying child and persons without a
qualifying child must meet to get the credit. After you have read the
rules, if you think you may qualify for the credit, get Publication 596,
Earned Income Credit. You can also find information in
the instructions for Form 1040 (lines 60a and 60b), Form 1040A (lines
38a and 38b), or Form 1040EZ (lines 8a and 8b).
Investment income more than $2,400.
You cannot claim the earned income credit unless your investment
income is $2,400 or less. For most people, investment income
is taxable interest (line 8a of Form 1040 or 1040A), tax-exempt
interest (line 8b of Form 1040 or 1040A), dividend income (line 9 of
Form 1040 or 1040A), and capital gain net income (line 13 of Form 1040
or line 10 of Form 1040A, if more than zero). If you have net rent and
royalty income (if greater than zero) and net passive income (if
greater than zero) that are not self-employment income or you are
reporting a gain on Form 4797, Sales of Business Property,
see Publication 596
for more information. Rents and royalties
received in a trade or business are not investment income.
Modified AGI (adjusted gross income).
Generally, you must know your earned income and modified AGI to
figure the amount of your earned income credit. In many cases, your
modified AGI will be the same as your AGI.
Modified AGI for most people is the amount on line 34 (Form 1040),
line 19 (Form 1040A), and line 4 (Form 1040EZ). But if you are filing
Schedule C, C-EZ, D, E, or F or you are claiming a loss from the
rental of personal property not used in a trade or business or you
received a distribution from a pension, annuity, or IRA that is not
fully taxable, get Publication 596.
Credit has no effect on certain welfare benefits.
The earned income credit and the advance earned income credit
payments you receive will not be used to determine whether you are
eligible for the following benefit programs, or how much you can
receive from the programs.
- Temporary assistance for needy families.
- Medicaid and supplemental security income (SSI).
- Food Stamps and low-income housing.
Workfare payments.
Nontaxable workfare payments are not earned income for the EIC.
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 program in return for
certain work activities such as (1) work experience activities
(including remodeling or repairing public housing) if sufficient
private sector employment is not available, or (2) community service
program activities.
Social security number.
You must provide a correct and valid social security number (SSN)
for yourself, your spouse, and any qualifying children. If an SSN is
missing or incorrect, you may not get the credit. Publication 596
contains more detailed information.
The social security number must be issued by the Social Security
Administration to a U.S. citizen or to a person who has permission
from the Immigration and Naturalization Service to work in the United
States. If your social security card says "Not valid for employment,"
you cannot get the earned income credit.
Self-employed persons.
If you are self-employed and your net earnings are $400 or more, be
sure to correctly fill out Schedule SE (Form 1040),
Self-Employment Tax, and pay the proper amount of
self-employment tax. If you do not, you may not get all the credit to
which you are entitled.
Who Can Claim the Credit?
The earned income credit is available to persons with or without a
qualifying child. Some of the rules are the same, but some of the
rules only apply to persons with a qualifying child or to persons
without a qualifying child.
Persons Who Work and Have
One or More Qualifying Children
Generally, if you are a nonresident alien for any part of the year,
you cannot claim the credit. To claim the earned income credit under
this section, you must meet all the following rules.
- You must have a qualifying child who lived with you in the
United States for more than half the year (the whole year for an
eligible foster child).
- You must have earned income during the year.
- Your earned income and modified AGI must each be less than:
- $27,413 if you have one qualifying child, or
- $31,152 if you have more than one qualifying child.
- Your investment income cannot be more than $2,400.
- Your filing status can be any filing status except married
filing a separate return.
- You cannot be a qualifying child of another person. If you
file a joint return, neither you nor your spouse can be a qualifying
child of another person.
- Your qualifying child cannot be the qualifying child of
another person whose modified AGI is more than yours.
- You usually must claim a qualifying child who is married as
a dependent.
- You are not filing Form 2555, Foreign Earned
Income, (or Form 2555-EZ, Foreign Earned Income
Exclusion).
Who is a qualifying child?
You have a qualifying child if your child meets three tests. The
tests are:
- Relationship,
- Residency, and
- Age.
Relationship test.
To meet the relationship test for a qualifying child, the child
must be your:
- Son, daughter, or adopted child (or a descendant of your
son, daughter, or adopted child -- for example, your
grandchild),
- Stepson or stepdaughter, or
- Eligible foster child (including a niece, nephew, brother,
sister, cousin). See Publication 596
for an explanation of an eligible
foster child.
Residency test.
To meet the residency test, there are two rules.
- You must have a child who lived with you for more than half
the year (the whole year if your child is an eligible foster
child).
- The home must be in the United States (one of the 50 states
or the District of Columbia). United States military personnel
stationed outside the United States on extended active duty are
considered to live in the United States for the purposes of the earned
income credit.
Age test.
To meet the age test, your child must be:
- Under age 19 at the end of the year,
- A full-time student under age 24 at the end of the year, or
- Permanently and totally disabled at any time during the tax
year, regardless of age.
Persons Who Work and
Do Not Have a Qualifying Child
Generally, if you are a nonresident alien for any part of the year,
you cannot claim the earned income credit. In order to take the earned
income credit under this section, you must meet all the following
rules.
- You must have earned income during the year.
- Your earned income and modified AGI must each be less than
$10,380.
- Your investment income must be $2,400 or less.
- Your filing status can be any filing status except married
filing a separate return.
- You cannot be a qualifying child of another person. If you
file a joint return, neither you nor your spouse can be a qualifying
child of another person.
- You (or your spouse if filing a joint return) must be
at least age 25 but under age 65 at the end of your tax
year (usually December 31).
- You cannot be eligible to be claimed as a dependent on
anyone else's return. If you file a joint return, neither you nor your
spouse can be eligible to be claimed as a dependent on anyone else's
return.
- Your main home (and your spouse's if filing a joint return)
must be in the United States for more than half the year. United
States military personnel stationed outside the United States on
extended active duty are considered to live in the United States for
the purposes of the earned income credit.
- You are not filing Form 2555 or Form 2555-EZ.
Advance Earned Income
Credit Payments
If you expect to qualify for the earned income credit in 2001, you
can choose to receive advance payments of part of the credit in your
regular paycheck.
You can request advance payments of the credit for 2001 by
completing a 2001 Form W-5. See Publication 596
or the
instructions for Form W-5 for more information on the advance
earned income credit.
You must file a 2000 return to report what you already received as
an advance payment in 2000 and to get any additional earned income
credit.
You must have at least one qualifying child and qualify for the
earned income credit to get the advance payment of the credit in your
pay.
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