| Publication 596 |
2008 Tax Year |
Chapter 3.
Rules If You Do Not Have a Qualifying Child
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.
If you have a qualifying child.
If you meet Rule 8, you have a qualifying child. If you meet Rule 8 and do not claim the EIC with a qualifying child, you
cannot claim the EIC without a qualifying child.
Rule 11. You Must Be at Least Age 25 but Under Age 65
You must be at least age 25 but under age 65 at the end of 2007. 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 2007. 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 66a (Form 1040), line 40a (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.
Rule 12. You Cannot Be the Dependent of Another Person
If you are not filing a joint return, you meet this rule if:
-
You checked box 6a on Form 1040 or 1040A, or
-
You did not check the “You” box on line 5 of Form 1040EZ, and you entered $8,750 on that line.
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 did not check either the “You” box or the “Spouse” box on line 5 of Form 1040EZ, and you entered $17,500 on
that line.
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 2007, 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 not checking the “You” box on line 5 of your Form
1040EZ and by entering $8,750 on that line. 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.
Rule 13. You Cannot Be a Qualifying Child of Another Person
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, stepchild, grandchild, or foster child. Or, you are that person's brother, sister, half
brother, half
sister, stepbrother, or stepsister (or the child or grandchild of that person's brother, sister, half brother, half sister,
stepbrother, or
stepsister).
-
At the end of the year you were under age 19, or under age 24 and a 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 66a (Form
1040), line 40a (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 and provided more than half of your own support.
Because you meet the
relationship, age, and residency tests, you are a qualifying child of your mother for the EIC. 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.
Rule 14. You Must Have Lived in the United States More Than Half of the Year
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 66a (Form 1040), line 40a (Form 1040A), or line 8a (Form 1040EZ).
United States.
This means the 50 states and the District of Columbia. It does not include Puerto Rico or U.S. possessions such as
Guam.
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 14) are considered to live in
the United States during that duty period for purposes of the EIC.
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