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Lesson 16

Credits - Part 4

Earned Income Tax Credit (EITC)

Section I

VITA/TCE

TRAINING 101

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In this presentation we will cover:

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    • What is the Earned Income Credit (EITC)?
    • Eligibility Requirements
    • Married Filing Separately
    • How the Credit Works
    • SSN/ITINS & EITC
    • *Example of credits for a qualifying child being shared between two tax returns
    • And proposed changes

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You are not expected to memorize any of this– just be familiar with it.

And how to use your PUB 4012

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Earned Income Tax Credit (EITC)

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**Please note– the system will apply the EITC automatically if they qualify.

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What is the Earned Income Tax Credit (EITC)?

It’s a Refundable Tax Credit created to support working individuals and families with low to moderate incomes.

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To qualify, the Taxpayer and/or Spouse MUST HAVE EARNED INCOME (W2 or Schedule C Self-employment)

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Note: Income reported on Form W-2 received for work performed while an inmate in a penal institution does not qualify as earned income for EIC purposes.

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What is the Earned Income Tax Credit (EITC)?

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The EITC is designed to boost people out of poverty by:

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    • Offsetting taxes & supplementing wages.
    • Providing refunds that can help pay for essentials like rent, food, transportation, and education

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It’s one of the most effective tools the government uses to lift families out of poverty, especially those with children.

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Impact of the EITC.

Each year, the EITC helps millions of families afford basic needs.

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Studies show it:

    • encourages work,
      • improves child health and education outcomes,
        • and reduces poverty rates.

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In some cases, it can double a family's income during tax season.

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Eligibility Requirements

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**Please note– the system will apply the EITC automatically if they qualify.

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PUB 4012 Section I

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PUB 4012 Section I

  • Both the Taxpayer & Spouse (if filing jointly) need the have Social Security Numbers that are valid for work.
  • For children to help qualify for a larger EITC Credit, they also need Social Security Numbers.

**Remember Resident for taxes is NOT the same thing as Resident for immigration. Resident has to do with length of time in the U.S.

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Investment-Dividends, Interest, Capital Gains, Royalties

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PUB 4012 Section I

Child must have passed the Qualifying Child Test (See PUB 4012 Section B)

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  • Close Relationship
  • Age Test
  • Residency- Must live with Taxpayer OVER 6 months during the tax year.

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(Remember temporary absences like for attending college is still considered living at home).

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PUB 4012 Section I

The Taxpayer DOES NOT have to claim the child as a dependent to get the EITC Credit.

Example of when this might happen:

  • Parents are divorced.
  • Child lives with Mom more than half the year.
  • Divorce Decree states Dad can claim the child as a dependent.

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For EITC credit- there is a Residency Requirement. Dad CANNOT get the EITC credit for this child but Mom may if she meets other qualifications.

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PUB 4012 Section I

Age Test

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PUB 4012 Section I

Taxpayer(s) with NO children can still qualify for EITC if they have EARNED INCOME & their AGI is under…

This table shows the max AGI the Taxpayer(s) can have and still get some EITC credit-depending on the number of Qualifying Children they have.

These limits increase every year with inflation

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Married Filing Separately & EITC

!!Warning!!

!!Requires special entry to get the system to calculate credit!!

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Married Filing Separately & EITC

  • Married Filing Separately Taxpayers are not entitled to several credits, including EITC.

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  • However, if they are considered unmarried, they might qualify.
      • Must have qualified child who lived with them for over 6 months of the tax year
      • Lived apart from spouse the last 6 months of tax year

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Note: The Taxpayer DOES NOT have to pay over 50% of cost of home. Remember, if they did pay over 50% of the cost of the home and had a dependent live with them over 6 months of the tax year, they could file Head of Household instead.

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Married Filing Separately- Qualifies?

On the Basic Information page check here

If the Taxpayer meets the “CONSIDERED UNMARRIED” requirements, you MUST indicate that in the software or the system will not calculate a credit even if they qualify.

If all the other criteria is met, the system will calculate the credit, but if you don’t check the box, the system will not even try.

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How the Credit Works

**Please note– the system will apply the EITC automatically if they qualify.

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Image from Colorado Tax-aide

No Earned Income

No EITC Credit

The Credit is a Bell-Shaped Curve – 2026 values shown

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

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Image from Colorado Tax-aide

The Credit is a Bell-Shaped Curve – 2026 values shown

Actual Amount received is based on:

  • Filing Status
  • Amount of Earned Income
  • Amount of Qualifying children for EITC

Work a little

Get a little credit

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

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Image from Colorado Tax-aide

The Credit is a Bell-Shaped Curve – 2026 values shown

Actual Amount received is based on:

  • Filing Status
  • Amount of Earned Income
  • Amount of Qualifying children for EITC

As income increases, so does the credit,

To encourage the Taxpayer to work more.

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

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Image from Colorado Tax-aide

with no children

The Credit is a Bell-Shaped Curve – 2026 values shown

The maximum they can get based on family size, income, and filing status.

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

with 1 child

with 2 children

with 3 children

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Image from Colorado Tax-aide

The Credit is a Bell-Shaped Curve – 2026 values shown

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

At this point, as the income increases the EITC credit goes down because they don’t need it as much.

Credit

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Image from Colorado Tax-aide

The Credit is a Bell-Shaped Curve – 2026 values shown

If income is over the threshold, No EITC Credit

Actual Amount received is based on:

  • Filing Status, Amount of Earned Income, and number of Qualifying children for EITC Credit

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Maximum Amount of Credit for TY2026

For Married Filing Jointly Couple

No Child

One Child

Two Children

Three Children

$664

$4,427

$7,316

$8,231

Credit increases each year

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Social Security Numbers (SSN)

vs

Individual Taxpayer Identification Number (ITIN)

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& EITC

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SSN Requirement

  • Taxpayer and spouse (if filing jointly) must both have SSNs.

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  • Children must have SSNs to be treated as qualifying children for the credit.

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  • If a child does not have an SSN, the taxpayer may still qualify, but the credit is calculated using the rules for taxpayers with no qualifying children.

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The amount of the credit depends on the number of qualifying children with valid SSNs.

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Examples of the Maximum Amount of Credit Taxpayer can receive

For a couple filing married filing jointly.

Example 1 --All 4 have SSNs

No Child

One Child

Two Children

Three Children

$664

$4,427

$7,316

$8,231

Maximum amount allowed is $7,316 based on 4 qualifying children, if other qualifications are met.

Example 2 – Taxpayer & both kids have SSNs, Wife has an ITIN

No EITC allowed if Taxpayer OR Spouse have ITINs

**Please note– the system will calculate the EITC if they qualify based on income, marital status, and qualifying family members

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Examples of the Maximum Amount of Credit Taxpayer can receive

For a couple filing married filing jointly.

Example 3 – Taxpayer, Wife, & only 1 child has a SSN

No Child

One Child

Two Children

Three Children

$664

$4,427

$7,316

$8,231

Maximum amount allowed $4,427 based on rate with 1 Qualifying child if other qualifications are met.

Example 2 – Taxpayer & Spouse have SSN, both children have ITIN

Maximum amount allowed $664 based on no qualifying children, if other qualifications are met.

**Please note– the system will calculate the EITC if they qualify based on income, marital status, and qualifying family members

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Quick Review

**Please note– the system always gives credits based on filing status, income, and qualified dependents– but there are times when the taxpayer may not be entitled to some of the credits.

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And there are also times when parents may agree to split benefits of a qualifying child.

Tax Benefits Associated with a Qualifying Child

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A qualifying child may allow a taxpayer to receive one or more of the following benefits:

    • Head of Household (HOH) Filing Status
    • Earned Income Credit (EIC)
    • Child Tax Credit (CTC)
    • Additional Child Tax Credit (ACTC)
    • Child and Dependent Care Credit
    • Credit for Other Dependents (when applicable)
    • Education credits – see Lesson 17

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

Theo is single and the father of Jack and Jill. The judge ordered that Theo pay child support and said Theo was allowed to claim both children as dependents on his tax return. Theo lives alone except for when the children stay every other weekend, 2 weeks in the Summer and on Christmas Day.

Theo is the Non-Custodial Parent.

Both Jack and Jill live with their mom, Betty Sue, for more than half the year. Betty pays 100% of the cost of their apartment.

Betty is the Custodial Parent.

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

Both Jack and Jill live with their mom, Betty Sue, for more than half the year. Betty pays 100% of the cost of their apartment.

Betty is the Custodial Parent.

First: The IRS rules say the custodial parent gets to claim the children.

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For Theo to claim Jack & Jill, Betty needs to sign IRS Form 8332 releasing her right to claim them on her taxes.

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Even though the judge says Theo can claim the kids, the Judge cannot override IRS rules.

Theo is single and the father of Jack and Jill. The judge ordered that Theo pay child support and said Theo was allowed to claim both children as dependents on his tax return. Theo lives alone except for when the children stay every other weekend, 2 weeks in the Summer and on Christmas Day.

Theo is the Non-Custodial Parent.

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

Theo Well is the father of Jack and Jill. The judge ordered that Theo pay child support and is allowed to claim both children as dependents on his tax return. Jack gets the children every other weekend, 2 weeks in the Summer and on Christmas Day.

Theo is the Non-Custodial Parent.

Both Jack and Jill live with their mom, Betty Sue Well, for more than half the year. Betty pays 100% of the cost of their apartment.

Betty is the Custodial Parent.

First: The IRS says the custodial parent gets to claim the children.

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For Theo to claim Jack & Jill, Betty needs to sign IRS Form 8332 releasing her right to claim them on her taxes.

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Even though the judge says Theo can claim the kids, the Judge cannot override IRS rules.

Or, Betty can allow Theo to claim 1 or both children for just the tax year shown

  • Theo will need to have 1 form for each child he is claiming.
  • Forms will need to be mailed to IRS after the return is e-filed.

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As custodial parent, Betty can revoke/cancel the release at anytime.

Betty can allow Theo to claim 1 or both children for the years show.

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

  • What is the best filing status Theo can use?
  • What credits, if any, can Theo claim/get for the children?

For this example– Betty Sue signed a Form 8332 for each child, releasing her rights, allowing Theo to claim both children on her taxes. ☺

  • What is the best filing status Betty Sue can use?
  • What credits, if any, can Betty Sue claim/get for the children?

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

  • What is the best filing status Theo can use?
  • What credits, if any, can Theo claim/get for the children?

For this example– Betty Sue signed a Form 8332 for each child, releasing her rights, allowing Theo to claim both children on her taxes. ☺

  • What is the best filing status Betty Sue can use?
  • What credits, if any, can Betty Sue claim/get for the children?

Filing Status

🡨 Only as Single

Head-of-Household 🡪

(Based on residency)

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

  • What is the best filing status Theo can use?
  • What credits, if any, can Theo claim/get for the children?

For this example– Betty Sue signed a Form 8332 for each child, releasing her rights, allowing Theo to claim both children on her taxes. ☺

  • What is the best filing status Betty Sue can use?
  • What credits, if any, can Betty Sue claim/get for the children?

Best Filing Status?

🡨 Only as Single

Head-of-Household 🡪

(Based on residency)

Credits?

Dependent Care🡪

EITC

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🡨 Child Tax Credit & Additional Child Tax Credit (Or Credit for Other dependent if children have ITIN numbers or are at least 17).

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Example of Splitting/Sharing Benefits

For a divorced couple living apart.

  • What is the best filing status Theo can use?
  • What credits, if any, can Theo claim/get for the children?

If Betty Sue refused to sign Form 8332 releasing her rights, or she revokes her release, Theo cannot claim the children.

  • What is the best filing status Betty Sue can use?
  • What credits, if any, can Betty Sue claim/get for the children?

Best Filing Status?

🡨 Only as Single

Head-of-Household 🡪

(Based on residency)

Credits?

🡪

Child Tax and Additional Child tax credit, (or Credit for other dependent if the kids don’t have SSNs or are ages 17+) Dependent Care, EITC

*whatever she qualifies for based on income

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No credits for the kids .

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Proposed Federal Public Benefit Regulations - Schedule 3-A

This is still a proposed change- not definitive yet.

If this passes- guidance will be provided

Treasury and the IRS have proposed treating the refundable portion of certain tax credits as a Federal Public Benefit.

The proposal may impact:

    • Earned Income Credit (EIC)
    • Additional Child Tax Credit (ACTC)
    • Refundable American Opportunity Credit
    • Refundable Adoption Credit

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If these credits become classified as "Federal Public Benefits"

    • The proposal would create an additional eligibility requirement
    • The draft Schedule 3-A indicates taxpayers may need to certify citizenship, nationality, or qualified alien status in order to receive the refundable credits.

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WOO-HOO!!!

You Did it!

Next Up:

Education Credits