Earned Income Credit

Posted on August 29, 2008 
Filed Under Credits, Federal Income Tax

The earned income credit is designed to assist the low-income worker with or without qualifying children by providing a dollar-for-dollar reduction of taxes owed and, by virtue of its standing as a refundable credit, a subsidy just in case the earned income credit is greater than tax liability.

A worker qualifies for the if he or she satisfies the following conditions:

  1. The worker must have earned income.
  2. The worker’s income from investments must be $2,900 or less.
  3. The worker cannot file for a foreign earned income exclusion.
  4. For the tax year in question, the worker’s principal residence is in the U.S. and the worker lives at this residence for more than six months.
  5. The married worker cannot file a separate return. However, a worker who lives apart from his or her spouse for the last six months of the tax year can file as head of household and claim the credit.
  6. If the worker is single and doesn’t have qualifying children, then the worker must be at least 25 but under age 65 at the end of the tax year; but if the worker is married without qualifying children, then only one spouse is required to meet this age test.
  7. The worker or worker’s spouse (if married) cannot be claimed as another person’s dependent or qualifying child.
  8. The worker, worker’s spouse (if married), and qualifying children must have valid Social Security or tax identification numbers.
  9. The worker must be a U.S. citizen or a resident alien. A single nonresident alien is not eligible for the credit. Yet a nonresident alien married to a U.S. citizen or resident can claim the credit but only if the couple makes an election to have all worldwide income subject to U.S. tax.

Click on for more information on qualification standards for the credit.

For purposes of the earned income credit, investment income comprises net capital gain income and net passive income as well as interest, dividends, tax-exempt interest, and non-business rents and royalties. In contrast, income that qualifies for the credit, namely, earned income, includes wages, salaries, tips, commissions, compensation for personal services, professional fees, union strike benefits, long-term disability benefits received before minimum retirement age, combat zone pay otherwise excluded from income if recipient chooses to treat it as earned income for the purpose of figuring the earned income credit, and net earnings from self-employment reduced by one-half of taxpayer’s self-employment tax. Earned income does not include welfare and Social Security benefits, workers’ compensation, unemployment compensation, pensions or annuities, alimony, veterans’ benefits, and taxable scholarships or fellowships not reported on Form W-2.

In 2007, the earned income credit ranges from $428 for a worker without qualifying children to $2,853 (worker has one qualifying child) and $4,716 (worker has two or more qualifying children). Being earmarked for low-income workers, the earned income credit is subject to phase out as adjusted gross income (AGI) increases but at a rate that varies according to filing status and the number of qualifying children a worker can claim.

For those with married filing jointly (MFJ) status and one qualifying child, the phase out or elimination of the earned income credit starts at $17,400 AGI and is complete when AGI reaches $35,241. For those with MFJ status and two or more qualifying children, the phase out of the earned income credit ranges from $17,400 to $39,783 AGI.

For single, head of household, and qualifying widow(er) filers with one child, the phase out of the earned income credit begins at $15,400 AGI and is complete when AGI is $33,241. If these filers have two or more qualifying children, the earned income credit phase out ranges from $15,400 to $37,783 AGI.

For workers without children, the earned income credit phase out ranges from $7,000 ($9,000 MFJ) to $12,590 AGI ($14,590 MFJ).

After figuring earned income, the worker then looks up the amount of his or her available credit on an earned income credit table provided by the Internal Revenue Service.

Example: Susan is age 35 and married but hasn’t lived with her husband since May 2006. She supports two children–an eight-year-old son and a six-year-old daughter–who live with her full time. Her only income in 2007 is a salary of $26,000 and she files as head of household. Turning to page 46 of the (pdf file), Susan’s salary is on the line, At least $26,000 but under $26,050, under the column, If the amount you are looking up from the worksheet is–, and her credit is $2,476, appearing under the column, Single, head of household, or qualifying widow(er) and you have–Two children. Confirm this result and try others with an .

For purposes of the earned income credit, an individual is a qualifying child if he or she meets all the following requirements:

There is no income test for a qualifying child–the individual can provide over 50% of his or her support and still be claimed as worker’s qualifying child.

If an individual is a qualifying child of more than one worker, the following rules apply:

Finally, a worker can fill out Form W-5 and receive the earned income credit in advance; click on the link (pdf file) for details.

Additional relevant articles on the earned income credit are listed below:

Many happy returns, Roger

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