Use this chapter if you do not have a qualifying child and have met all the rules in chapter 1. This chapter discusses Rules
11
through 14 . You must meet all four of those rules, in addition to the rules in chapters 1 and 4, to qualify for the earned
income
credit without a qualifying child.
You can file Form 1040, Form 1040A, or Form 1040EZ to claim the EIC without a qualifying child. If you meet all the rules
in chapter
1 and this chapter, read chapter 4 to find out what to do next.
You Must Be at Least Age 25 but Under Age 65
This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
You must be at least age 25 but under age 65 at the end of 2004. If you are married filing a joint return, either you or your
spouse must be at
least age 25 but under age 65 at the end of 2004. It does not matter which spouse meets the age test, as long as one of the
spouses does.
If neither you nor your spouse meets the age test, you cannot claim the EIC. Put “No” next to line 65a (Form 1040), line 41a (Form 1040A), or
line 8a (Form 1040EZ).
Example 1.
You are age 28 and unmarried. You meet the age test.
Example 2.
You are married and filing a joint return. You are age 23 and your spouse is age 27. You meet the age test because your spouse
is at least age 25
but under age 65.
You Cannot Be the Dependent of Another Person
This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
If you are not filing a joint return, you meet this rule if:
If you are filing a joint return, you meet this rule if:
-
You checked both box 6a and box 6b on Form 1040 or 1040A, or
-
You and your spouse checked the “No” box on line 5 of Form 1040EZ.
If you are not sure whether someone else can claim you (or your spouse if filing a joint return) as a dependent, get Publication
501 and read the
rules for claiming a dependent.
If someone else can claim you (or your spouse if filing a joint return) as a dependent on his or her return, but does not,
you still cannot claim
the credit.
Example 1.
In 2004, you were age 25, single, and living at home with your parents. You worked and were not a student. You earned $7,500.
Your parents cannot
claim you as a dependent. When you file your return, you claim an exemption for yourself by checking the “No” box on line 5 of your Form 1040EZ.
You meet this rule.
Example 2.
The facts are the same as in Example 1, except that you earned $2,000. Your parents can claim you as a dependent but decide not to. You
do not meet this rule. You cannot claim the credit because your parents could have claimed you as a dependent.
You Cannot Be a Qualifying Child of Another Person
This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
You are a qualifying child of another person (your parent, guardian, foster parent, etc.) if all of the following statements
are true.
-
You are that person's son, daughter, adopted child, stepchild, grandchild, or eligible foster child. Or, you are that person's
brother,
sister, stepbrother, or stepsister (or the child or grandchild of that person's brother, sister, stepbrother, or stepsister)
for whom that person
cares as his or her own child.
-
At the end of the year you were under age 19, or under age 24 and a full-time student, or any age if you were permanently
and totally
disabled at any time during the year.
-
You lived with that person in the United States for more than half of the year.
For more details about the tests to be a qualifying child, see Rule 8.
If you (or your spouse if filing a joint return) are a qualifying child of another person, you cannot claim the EIC. This
is true even if the
person for whom you are a qualifying child does not claim the EIC or meet all of the rules to claim the EIC. Put “No” next to line 65a (Form
1040), line 41a (Form 1040A), or line 8a (Form 1040EZ).
Example.
You lived with your mother all year. You are age 26 and permanently and totally disabled. Your only income was from a community
center where you
went three days a week to answer telephones. You earned $3,400 for the year. Because you meet the relationship, age, and residency
tests, you are a
qualifying child of your mother. She can claim the EIC if she meets all the other requirements. Because you are a qualifying
child of your mother, you
cannot claim the EIC. This is so even if your mother cannot or does not claim the EIC.
You Must Have Lived in the United States More Than Half of the Year
This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
Your home (and your spouse's, if filing a joint return) must have been in the United States for more than half the year.
If it was not, put “No” next to line 65a (Form 1040), line 41a (Form 1040A), or line 8a (Form 1040EZ).
United States.
This means the 50 states and the District of Columbia. It does not include U.S. possessions, such as Guam and Puerto
Rico.
Homeless shelter.
Your home can be any location where you regularly live. You do not need a traditional home. If you lived in one or
more homeless shelters in the
United States for more than half the year, you meet this rule.
Military personnel stationed outside the United States.
U.S. military personnel
stationed outside the United States on extended active duty (defined on page 16) are considered to live in
the United States during that duty period for purposes of the EIC.
