CARL WATTS & ASSOCIATES

January 30, 2017

The Earned Income Tax Credit
The Earned Income Tax Credit (EITC) has helped people with low and moderate incomes get a tax break for 40 years. Yet, one out of every five eligible workers fails to claim it.


The EITC is a federal income tax credit for working people who don't earn a lot and meet certain eligibility requirements. Because it is a refundable credit, those who qualify and claim the credit could pay less federal tax, pay no tax or even get a tax refund.

EITC can mean up to $6,269 refund for working families with qualifying children. Workers without a qualifying child could be eligible for a smaller credit up to $506. On average, EITC adds $2,400 to refunds.

Here are the rules for claiming the EITC :


  • Must work and have earned income;
  • Must have a Social Security number that is valid for employment;
  • May not have more than $3,400 of investment income (such as interest);
  • Generally must be a U.S. citizen or resident alien all year;
  • May not file as married filing separately;
  • May not be a qualifying child of another person;
  • May not file Form 2555 or 2555-EZ (related to foreign earned income).

You have to file a federal income tax return to get the EITC even if you owe no tax or are not required to file. The EITC provides a boost to help pay your bills or save for a rainy day.


Your earned income must be less than:

  • $14,880 ($20,430 if married filing a joint return) with no qualifying children;
  • $39,296 ($44,846 if married filing a joint return) with one qualifying child;
  • $44,648 ($50,198 if married filing a joint return) with two qualifying children;
  • $47,955 ($53,505 if married filing a joint return) with three or more qualifying children.

The maximum amount of credit for tax year 2016 is:

  • $6,269 with three or more qualifying children;
  • $5,572 with two qualifying children;
  • $3,373 with one qualifying child;
  • $506 with no qualifying children.

To be a qualifying child for the credit, the child must meet the relationship, age, residency, and joint return tests described at www.irs.gov/eitc or in Publication 596, Earned Income Credit.

Special rules may apply for members of the U.S. Armed Forces in combat zones, members of the clergy, and those with disability retirement income.

The IRS estimates that as many as 1.5 million people with disabilities miss out on this credit because they fail to file a tax return. Many of these non-filers fall below the income threshold requiring them to file.


Even if to qualify for EITC the taxpayer must have earned income (usually either from a job or from self-employment) taxpayers who retired on disability can also count as earned income any taxable benefits they receive under an employer’s disability retirement plan. These benefits remain earned income until the disability retiree reaches minimum retirement age. We should emphasize that Social Security benefits or Social Security Disability Income (SSDI) do not count as earned income.


People with disabilities are often concerned that a tax refund will impact their eligibility for one or more public benefits, including Social Security disability benefits, Medicaid, and Food Stamps.


The law is clear that tax refunds, including refunds from tax credits such as the EITC, are not counted as income for purposes of determining eligibility for benefits. This applies to any federal program and any state or local program financed with federal funds.


Also worth mentioning is that taxpayers may claim a child with a disability or a relative with a disability of any age to get the credit if the person meets all other EITC requirements.

Likewise, even though household income in many rural areas is below the national average, many of these people are often not aware that they may qualify for EITC. As mentioned above, an eligible taxpayer must have earned income from employment or running or owning a business or farm and meet the basic rules.

A grandparent who is working and has a grandchild who is a qualifying child living with him or her may qualify for the EITC, even if the grandparent is 65 years of age or older. Generally, to be a qualified child for EITC purposes, the grandchild must meet the dependency requirements. Special rules and restrictions apply if the child’s parents or other family members also qualify for the EITC.


You can use the EITC Assistant on IRS.gov to determine eligibility, estimate the amount of credit and more, or you can figure out the credit yourself by using the Earned Income Credit Worksheet (EIC Worksheet) in the instruction booklet for Form 1040, Form 1040A, or Form 1040EZ, and the Earned Income Credit (EIC) Table in the instruction booklet.


Many EITC filers will get their refunds later this year than in past years. That’s because a new law requires the IRS to hold refunds claiming the EITC and the Additional Child Tax Credit (ACTC) until mid-February. The IRS cautions taxpayers that these refunds likely will not start arriving in bank accounts or on debit cards until the week of February 27. Taxpayers claiming the EITC or ACTC should file as soon as they have all of the necessary documentation together to prepare an accurate return. In other words, file as they normally would.


Whether you qualify yourself or know somebody else who does, please remember that the only way to receive this credit is to file a return and claim the EITC.



It does not seem complicated to claim this credit, nevertheless, a small investment on a tax professional can always secure that you have no difficulties or issues with your tax return and that you take advantage of all the credits and deductions you are entitled to.
Washington DC
tel/fax 202 350-9002