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The United States federal earned income tax credit or earned income credit (EITC or EIC) is a refundable
tax credit A tax credit is a tax incentive which allows certain taxpayers to subtract the amount of the credit they have accrued from the total they owe the state. It may also be a credit granted in recognition of taxes already paid or a form of state "dis ...
for low- to moderate-income working individuals and couples, particularly those with children. The amount of EITC benefit depends on a recipient's income and number of children. Low income adults with no children are eligible. For a person or couple to claim one or more persons as their qualifying child, requirements such as relationship, age, and shared residency must be met.Tax Year 2020 1040 and 1040-SR Instructions, including the instructions for Schedules 1 through 3
Rules for EIC begin on page 40 for 2020 Tax Year.
EITC phases in slowly, has a medium-length plateau, and phases out more slowly than it was phased in. Since the credit phases out at 21% (more than one qualifying child) or 16% (one qualifying child), it is always preferable to have one more dollar of actual salary or wages considering the EITC alone. (Investment income, however, is handled far less gracefully, as one more dollar of income can result in the sudden 100% loss of the entire credit.) If the EITC is combined with multiple other
means-tested A means test is a determination of whether an individual or family is eligible for government assistance or welfare, based upon whether the individual or family possesses the means to do without that help. Canada In Canada, means tests are us ...
programs such as
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
or
Temporary Assistance for Needy Families Temporary Assistance for Needy Families (TANF ) is a federal assistance program of the United States. It began on July 1, 1997, and succeeded the Aid to Families with Dependent Children (AFDC) program, providing cash assistance to indigent Am ...
, it is possible that the
marginal tax rate In a tax system, the tax rate is the ratio (usually expressed as a percentage) at which a business or person is taxed. There are several methods used to present a tax rate: statutory, average, marginal, and effective. These rates can also be ...
approaches or exceeds 100% in rare circumstances depending on the state of residence; conversely, under certain circumstances, net income can rise faster than the increase in wages because the EITC phases in. The earned income tax credit has been part of political debates in the United States over whether raising the minimum wage or increasing EITC is a better idea. In a random survey of 568 members of the
American Economic Association The American Economic Association (AEA) is a learned society in the field of economics. It publishes several peer-reviewed journals acknowledged in business and academia. There are some 23,000 members. History and Constitution The AEA was esta ...
in 2011, roughly 60% of economists agreed (31.7%) or agreed with provisos (30.8%) that the earned income tax credit program should be expanded.


Overview

In 1969,
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
proposed the Family Assistance Plan, which included a guaranteed minimum income in the form of a
negative income tax In economics, a negative income tax (NIT) is a system which reverses the direction in which tax is paid for incomes below a certain level; in other words, earners above that level pay money to the state while earners below it receive money, as ...
. The House of Representatives passed this plan, but the Senate did not. During his 1972 Presidential campaign,
George McGovern George Stanley McGovern (July 19, 1922 – October 21, 2012) was an American historian and South Dakota politician who was a U.S. representative and three-term U.S. senator, and the Democratic Party presidential nominee in the 1972 p ...
proposed a demogrant of $1,000 for every American. Critics during this time complained about implying people don't have to work for a living, and saw the program as having too little stigma; during this time, Hawaii had an established residency requirement for public aid, which one Hawaii State Senator suggested was necessary to discourage "parasites in paradise". Proposed by Russell Long and enacted in 1975, the EITC provides benefits to working recipients with earned income, but not to non-working recipients. The initially modest EITC has been expanded by tax legislation on a number of occasions, including the widely publicized
Tax Reform Act of 1986 The Tax Reform Act of 1986 (TRA) was passed by the 99th United States Congress and signed into law by President Ronald Reagan on October 22, 1986. The Tax Reform Act of 1986 was the top domestic priority of President Reagan's second term. The ...
, and was further expanded in 1990, 1993, 2001, and 2009, regardless of whether the act in general raised taxes (1990, 1993), lowered taxes (2001), or eliminated other deductions and credits (1986).Earned Income Tax Credit Parameters 1975–2010
at the Tax Policy Center, Urban Institute and Brookings Institution, 27 Oct. 2009. See footnote for the increases in the travel distance, but not the credit amount, for Married Filling Jointly for the years 2002 through 2010. For example, in 2010, the plateaus for MFJ extend $5,000 further than do the corresponding plateaus for Single, Head of Household, Qualifying Widow(er). For all filing statuses, the phase out for EIC with one child is 16% (15.98%), and the phaseout for two children and for three or more children is 21% (21.06%). Single, Head of Household, and Qualifying Widow(er) are all equally valid, equally advantageous filing statuses for the purposes of Earned Income Credit. Married filing Jointly can sometimes be more advantageous depending on the income level.
In 1993, President Clinton tripled the EITC. Today, the EITC is one of the largest anti-poverty tools in the United States. Also, the EITC is mainly used to "promote and support work." Most income measures, including the poverty rate, do not account for the credit. A qualifying child can be a person's daughter, son, stepchild, or any further descendant (such as grandchild, great grandchild, etc.) or a person's brother, sister, half sister, half brother, stepbrother, stepsister, or any further descendant (such as niece, nephew, great-nephew, great-great-niece, etc.). A qualifying child can also be in the process of being adopted provided he or she has been lawfully placed. Foster children also count provided either the child has been officially placed or is a member of one's extended family. A younger single parent cannot claim EITC if he or she is also claimable as a qualifying child of their parent or another older relative, which can happen in some extended family situations. This restriction does not apply to a married couple who is claiming EITC with a child, even if one or both spouses are under the age of 19. A person claiming EITC must be older than his or her qualifying child unless the “child” is classified as "permanently and totally disabled" for the tax year (physician states one year or more). A qualifying "child" can be up to and including age 18. A qualifying "child" who is a full-time student (one long semester or equivalent) can be up to and including age 23. And a person classified as "permanently and totally disabled" (one year or more) can be any age and count as one's qualifying "child" provided the other requirements are met. Parents claim their own child(ren) if eligible unless they are waiving this year's credit to an extended family member who has higher adjusted gross income. There is no support test for EITC. There is a six-month plus one day shared residency test.1040 Instructions 2010
rules for EITC pages 45–48, optional worksheets pages 49–51, and the EITC Table itself on pages 52–68. The only required attachment is Schedule EITC if you are claiming one or more qualifying children.
In the 2009
American Recovery and Reinvestment Act American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the " United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, ...
, the EITC was temporarily expanded for two specific groups: married couples and families with three or more children; this expansion was extended through December 2012 by H.R. 4853, the
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (), also known as the 2010 Tax Relief Act, was passed by the United States Congress on December 16, 2010, and signed into law by President Barack Obama on Decembe ...
. Effective for the 2010, 2011, 2012 and 2013 filing seasons, the EITC supported these taxpayers by: *Increasing benefits for larger families by creating a new category or “third tier” of the EITC for families with three or more children. In this tier, the credit phases in at 45 percent of income (up from 40 percent), effectively increasing the maximum credit for these families by almost $600. *Increasing marriage penalty relief by raising the income threshold at which the EITC begins to phase out for married couples to $5,000 above the amount for unmarried filers, thereby giving MFJ filers a longer plateau. The combined plateau and phase-out range for married filing jointly is still not double that for single filers, and thus there still is a marriage penalty, just less than there used to be. As of 2022, 30 states and DC have enacted state EITCs:
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the mo ...
,
Colorado Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
, Connecticut,
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent De ...
,
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, N ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only ...
,
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...
,
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th st ...
,
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to ...
,
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to ...
,
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and ...
,
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean ...
,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Colu ...
,
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
,
New Jersey New Jersey is a U.S. state, state in the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. It is bordered on the north and east by the state of New York (state), New York; on the ea ...
,
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, ...
, New York,
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The s ...
,
Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...
,
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, Rhode Island,
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
,
Vermont Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, Washington, and
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michi ...
. Some of these state EICs are refundable, and some are not. In addition, a few small local EITCs have been enacted in
San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17t ...
,
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
, and
Montgomery County, Maryland Montgomery County is the most populous county in the state of Maryland. As of the 2020 census, the county's population was 1,062,061, increasing by 9.3% from 2010. The county seat and largest municipality is Rockville, although the census-design ...
.


Earned income

Earned income is defined by the United States
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
as income received through personal effort, with the following as the main sources: * Wages,
salaries A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis. F ...
, tips, commissions, and other taxable employee pay. * Net earnings from self-employment. * Gross income received as a statutory employee. * Disability payments through a private employer's disability plan received prior to minimum retirement age (62 in 2011). * Nontaxable combat pay received by a member of the U.S. armed services which he or she elects to include for purposes of EIC calculation. This is an all-or-none election. For each tax year, the service member must elect to include either all of the combat pay or none of it.


Qualifying children

If an adult's income is very low they may be eligible for EITC even if they have no children, for the 2021 that was less than $21,430 ($27,380 if married filing jointly). A person or couple claiming EITC with one or more qualifying children need to fill out and attach Schedule EITC to their 1040 or 1040A. This form asks for the child(ren)'s name, social security number, year of birth, whether an older "child" age 19 to 23 was classified as a student for the year (full-time status for at least one long semester or equivalent time period), whether an older "child" is classified as disabled during the year (doctor states one year or more), the child's relationship to claimant, and the number of months the child lived with the claimant in the United States. To claim a person as qualifying child, the following requirements of relationship, age, and shared residence must be met.IR
Publication 596, Earned Income Credit (EIC): For use in preparing 2012 Returns
IR
Schedule EIC
A person or couple claiming qualifying child(ren) need to attach this form to their 1040 or 1040A tax return.


Relationship

In the case of a married couple filing jointly, if one spouse is related to the child by any of the below relationships, both spouses are considered related to the child. The claimant must be related to their qualifying child through blood, marriage, or law. The qualifying child can be: *a person's daughter, son, stepchild, or any further descendant (such as grandchild, great grandchild, etc.), *or a person's brother, sister, half sister, half brother, stepbrother, stepsister, or any further descendant (such as niece, nephew, great-nephew, great-great-niece, etc.), *or a foster child officially placed by an agency, court, or Indian tribal government. Authorized placement agencies include tax-exempt organizations licensed by states as well as organizations authorized by Indian tribal governments to place Native American children. *or an adopted child, including a child in the process of being adopted provided he or she has been lawfully placed. A child might classify as the qualifying child of more than one adult family member, at least initially. For example, in an extended family situation, both a parent and an uncle may meet the initial standards of relationship, age, and residency to claim a particular child. In such a case, there is a further rule: If a single parent or both parents, whether married or not, can claim the child (residency and age) but choose to waive the child to a non-parent, such as a grandparent or uncle or aunt, this non-parent can claim the child only if they have a higher adjusted gross income (AGI) than any parent who has lived with the child for at least six months. This still remains the parent's choice. Provided the parent has lived with the child for at least six months and one day, the parent can always choose to claim his or her child for purposes of the earned income credit. In a tiebreaker situation between two unmarried parents, the tiebreak goes to the parent who lived with the child for the longest. In a tiebreaker between two non-parents, the tiebreak goes to the person with the higher AGI. And in a tiebreaker between a parent and non-parent, the parent wins by definition. These tiebreaker situations only occur if more than one family member actually file tax returns in which they claim the same child. On the other hand, if the family can agree, per the above and following rules, they can engage in a limited amount of tax planning as to which family member claims the child.


Age

A single parent younger than age 19 living in an extended family situation is potentially claimable as the qualifying "child" of an older relative. And a single parent under age 24 who is also a full-time college student (one long semester or equivalent) living in an extended family situation is also potentially claimable. If so, the younger single parent cannot claim EIC. This rule does not apply to a married couple who are claiming EIC with a child, even if one or both spouses are under the age of 19. (This rule also does not apply if the older relative is not required to file a tax return, and subsequently either does not file or only files to receive a full refund of taxes withheld.) Generally, one sibling claiming another as their qualifying child must be older. In the case of a married couple filing a joint return, only one of the spouses must be older. An exception to the must-be-older-rule is the case of a qualifying child who is classified as "permanently and totally disabled" (physician states one year or more). Such a "child" can be any age and the age requirement is considered to be automatically met (of course the relationship and shared residency requirements must still be met). The standard rule is that the qualifying "child" must be under the age of 19 at the end of the tax year. That is, the younger person can be 18 years and 364 days old on December 31 and the age requirement is met. This age limit is extended for a qualifying "child" who is also a full-time student during some part of five calendar months. This young adult merely needs to be under age 24 at the end of the tax year for the age requirement to be met (relationship and residency requirements must still be met). That is, the young adult who is full-time for at least part of five different months can be 23 years and 364 days on December 31 and meet the age requirement to be someone else's qualifying "child." The standard Fall semester of a university, in which classes start in late August and continue through September, October, November, and early December, counts as part of five calendar months. And a similar conclusion applies to the standard Spring semester. However, the five months need not be consecutive and can be obtained with any combination of shorter periods. A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance. High school students who work in co-op jobs or who are in a vocational high school program are classified as full-time students. Schools include technical, trade, and mechanical schools. A person who is classified as "permanently and totally disabled" (physician states one year or more) can be any age and the age requirement is automatically met. More fully, the definition of "permanently and totally disabled" is that a person has a mental or physical disability, cannot engage in substantial gainful activity, and a physician has determined that the condition has lasted or is expected to last one year or more (or that it can lead to death).


Shared residence

The claimant must live with their qualifying child(ren) within the fifty states and/or District of Columbia of the United States for more than half the tax year (per instructions, six months and one day is listed as 7 months on Schedule EIC). U.S. military personnel stationed outside the United States on extended active duty are considered to live in the U.S. for purposes of the EIC. Extended active duty means the person is called to duty for an indefinite period or for a period of more than 90 days (which is still considered to be extended active even if the period ends up being less than 90 days). Temporary absences, for either the claimant or the child, due to school, hospital stays, business trips, vacations, shorter periods of military service, or jail or detention, are ignored and instead count as time lived at home. "Temporary" is perhaps unavoidably vague and generally hinges or whether the claimant and/or the child are expected to return, and the IRS does not provide any substantial guidance past this. If the child was born or died in the year and the claimant's home was the child's home, or potential home, for the entire time the child was alive during the year, this counts as living with the claimant, and per instructions, 12 months is entered on Schedule EIC. Unlike the rules for claiming a dependent, there is no rule that a qualifying child not support herself or himself. A child who supports himself or herself can still qualify as a qualifying child for purposes of the EIC. There is an exception for older married "children." If an otherwise qualifying child is married, the claimant needs to be able to claim this child as a dependent (and the married couple must have low enough income so that they are not required to file a return and are either not filing or are filing only for the purpose of claiming a refund on withheld taxes).


Other requirements

Investment income cannot be greater than $3,650 for the 2020 tax year. As a result of the
American Rescue Plan Act of 2021 The American Rescue Plan Act of 2021, also called the COVID-19 Stimulus Package or American Rescue Plan, is a economic stimulus bill passed by the 117th United States Congress and signed into law by President Joe Biden on March 11, 2021, to sp ...
, the investment income limit was increased to $10,000 effective the 2021 tax year and will be adjusted for inflation. A claimant must be either a United States citizen or resident alien. In the case of married filing jointly where one spouse is and one isn't, the couple can elect to treat the nonresident spouse as resident and have their entire worldwide income subject to U.S. tax, and will then be eligible for EITC. Filers both with and without qualifying children must have lived in the 50 states and/or District of Columbia of the United States for more than half the tax year (six months and one day). Puerto Rico, American Samoa, the Northern Mariana Islands, and other U.S. territories do not count in this regard. However, a person on extended military duty is considered to have met this requirement for the period of the duty served. Filers who are not claiming a qualifying child must be between the ages of 25 and 64 inclusive. For a married couple without a qualifying child, only one spouse must be within this age range. For a single person with a qualifying child, there is no age requirement per se other than the requirement that the single person not himself or herself be claimable as another relative's qualifying child (see Age section above). A married couple with at least one qualifying child is only occasionally classified as claimable by another relative, especially if the married couple has earned income and elects to claim EITC. All filers and all children being claimed must have a valid social security number. This includes social security cards printed with "Valid for work only with INS authorization" or "Valid for work only with DHS authorization." Single, Head of Household, Qualifying Widow(er), and Married Filing Jointly are all equally valid filing statuses for EITC. In fact, depending on the income of both spouses, Married Filing Jointly can be advantageous in some circumstances because, in 2009, the phase-out for MFJ for begins at $21,450 whereas phase-out begins at $16,450 for the other filing statuses. A couple who is legally married can file MFJ even if they lived apart the entire year and even if they shared no revenues or expenses for the year, as long as both spouses agree. However, if both spouses do not agree, or if there are other circumstances such as domestic violence, a spouse who lived apart with children for the last six months of the year and who meets other requirements can file as Head of Household. Or, for a couple that is split up but still legally married, they might consider visiting an accountant at separate times and perhaps even signing a joint return on separate visits. There is even an IRS form that can be used to request direct deposit into up to three separate accounts.Form 8888 Allocation of Refund (Including Savings Bond Purchases)
is used to request splitting a refund into up to three separate accounts. However, this form cannot be used simultaneously with Form 8379 Injured Spouse Allocation. And also, if the IRS reduces the amount of the refund, there are complicated rules regarding which of the bank accounts the remaining refund will be sent to (see the paragraphs “Past-due federal tax” and “Other offsets” on page 3). Additionally, a refund typically cannot be split with the loan and bank products offered by tax prep companies.
In addition, if a person obtains a divorce by December 31, that will carry, since it is marital status on the last day of the year that controls for tax purposes. In addition, if a person is "legally separated" according to state law by December 31, that will also carry. The only disqualifying filing status for purposes of the EIC is married filing separately. EIC phases out by the greater of earned income or adjusted gross income. A married couple in 2018, whose total income was just shy of $24,350, of which exactly $3,500 was investment income, would receive the maximum credit for their number of qualifying children (i.e. $6,431 with 3 kids). But if this couple instead had $3,501 of investment income, then — because of the rule that for any claimant, whether single or married, with or without children, investment income cannot be greater than $3,500 — they will instead receive zero EIC. This is a loss of up to $6,431 due to one extra dollar of investment income, and the loss is nearly twice the entire amount of the couple's investment income. This is an edge case, but there are income ranges and situations in which an increase of investment dollars will result in a loss of after-tax dollars. (Instead of $24,350, the phase-out for Single, Head of Household, and Qualifying Widow(er) begins at $18,700.) In normal circumstances, EIC phases out relatively slowly, at 16% or 21% depending on the number of children.


Disallowances for reckless or fraudulent claims

A person or couple will be disallowed EIC for two years if they claim EIC when not eligible and the IRS determines the "error is due to reckless or intentional disregard of the EIC rules." A person or couple will be disallowed for ten years if they make a fraudulent claim. Form 8862 is required after this time period in order to be reinstated. However, this form is not required if EIC was reduced solely because of mathematical or clerical error.


Example(s) for 2012 from IRS Pub. 596

Cynthia and Jerry Grey have two children ages 6 and 8. For tax year 2012, one spouse made $10,000 in wages and the other spouse made $15,000, plus the couple received $525 on interest from a savings account. Since they are into the phase-out range, their EIC will phase out by the greater of earned income or adjusted gross income. So, they will look up in the EIC table $25,525 for MFJ with two children, and this amount is $4,557. Since they are claiming children, the Greys will also need to attach Schedule EIC to their tax return which will ask for each child, the child's name, social security number, year of birth, relationship to couple, and months lived with couple in the United States during 2012. If the Greys use 1040A, they will enter $4,557 on line 38a. If they use form 1040, they will enter $4,557 on line 64a.


Graph, 2020


Tax Credit for case of one qualifying child

With one child and parent filing singly or as head of household, as of 2020: *Tax credit equals $0.34 for each dollar of earned income for income up to $10,540. *For income between $10,540 and $19,330, the tax credit is a constant "plateau" at $3,584. *For income between $19,330 and $41,765, the tax credit decreases by $0.1598 for each dollar earned over $19,330. *For income over $41,765, the tax credit is zero. This is represented by the lightest blue, solid line:


Impact


Welfare benefits

At a cost of $56 billion in 2013, the EITC is the third-largest social welfare program in the United States after
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
($275 billion federal and $127 billion state expenditures) and food stamps ($78 billion). Almost 27 million American households received more than $56 billion in payments through the EITC in 2010. These EITC dollars had a significant impact on the lives and communities of the nation's lowest-paid working people largely repaying any payroll taxes they may have paid. The EITC is one of the most effective social welfare programs in the United States. The Census Bureau, using an alternative calculation of poverty, found that EITC lifted 5.4 million above the poverty line in 2010. The stimulus effects of the EITC and other consumption-augmenting policies have been challenged by more recent and rigorous studies. Haskell (2006) finds that the unique spending patterns of lump-sum tax credit recipients and the increasingly global supply chain for consumer goods is counter-productive to producing high, localized multipliers. He places the local multiplier effect somewhere in the range of 1.07 to 1.15, more in line with typical economic returns. The lower multiplier is due to recipients emphasizing "big-ticket" durable-good purchases, which are typically produced elsewhere, versus locally produced products and services such as agricultural products or restaurant visits. However, Haskell points to a silver lining: there are perhaps more important benefits from recipients who use the credit for savings or investment in big-ticket purchases that promote social mobility, such as automobiles, school tuition, or health-care services. Due to its structure, the EITC is effective at targeting assistance to low-income families in the bottom two quintiles—0–40% of households. By contrast, only 30% of
minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. B ...
workers live in families near or below the federal poverty line, as most are teenagers, young adults, students, or spouses supplementing their studies or family income. Opponents of the minimum wage argue that it is a less efficient means to help the poor than adjusting the EITC. EITC follows a graphical benefit pattern of going up a hill, traveling along a plateau, and then going back down the hill more slowly than it went up. For example, a married couple with two qualifying children and yearly income of seven thousand dollars will receive EITC of $2,810 (going up the hill). At fifteen thousand dollars, this couple will receive EITC of $5,036 (plateau). And at twenty-five and thirty-five thousand dollars, this same couple with their two children will receive EITC of $4,285 and $2,179, respectively. A single person (such as a single parent, aunt, uncle, grandparent, older sibling, etc.) goes up the hill at the same rate and will receive the same maximum EITC for two qualifying children of $5,036 at plateau. But the single person has a shorter plateau. And thus, a single person with two qualifying children and income of twenty-five and thirty-five thousand will receive EITC of $3,230 and $1,124 respectively (going down the hill). EITC phases out at 16% with one qualifying child and at 21% for two children and three or more children. Thus it is always preferable to have an extra fifty dollars of actual earned income (the table for EITC steps in increments of fifty dollars). The GRAPHICAL plateau range for Married Filing Jointly continues for five thousand dollars longer than does the plateau for the other filing statuses and thus MFJ can be advantageous for some income ranges. Single, Head of Household, and Qualifying Widow(er) are all equally valid and eligible filing statuses for claiming EITC. The only disqualifying status is Married Filing Separately. However, a couple can file as Married Filing Jointly even if they lived apart for the entire year if legally married and both agree.


Impact on health

A 2016 review of the EITC and state-matches to the EITC found significant impacts on maternal mental health, low birth weight births, and other health indicators association with inflammation.


Working mothers

According to a 2020 study, the introduction of the EITC increased maternal employment by 6 percent. The EITC may explain why the United States has high levels of maternal employment, despite the absence of childcare subsidies or
parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity le ...
.


Cost

The direct cost of the EITC to the U.S. federal government was about $56 billion in 2012. The IRS has estimated that between 21% and 25% of this cost ($11.6 to $13.6 billion) is due to EITC payments that were issued improperly to recipients who did not qualify for the EITC benefit that they received. For the 2013 tax year the IRS paid an estimated $13.6 billion in bogus claims. The IRS overpaid as much as $132.6 billion in EITC between 2003 and 2013. The direct fiscal cost of the EITC may be partially offset by two factors: any new taxes (such as payroll taxes paid by employers) generated by new workers drawn by the EITC into the labor force; and taxes generated on additional spending done by families receiving earned income tax credit. Some economists have noted that the EITC might conceivably cause reductions in
entitlement An entitlement is a provision made in accordance with a legal framework of a society. Typically, entitlements are based on concepts of principle (" rights") which are themselves based in concepts of social equality or enfranchisement. In psycholo ...
spending that result from individuals being lifted out of poverty by their EITC benefit check. However, because the pre-tax income determines eligibility for most state and federal benefits, the EITC rarely changes a taxpayer's eligibility for state or federal aid benefits.


Uncollected tax credits

Millions of American families who are eligible for the EITC do not receive it, essentially leaving billions of dollars unclaimed. The IRS estimates that about 20 percent of eligible taxpayers do not claim $7.3 billion of Earned Income Tax Credit (EITC) each tax year. Many nonprofit organizations around the United States, sometimes in partnership with government and with some public financing, have begun programs designed to increase EITC utilization by raising awareness of the credit and assisting with the filing of the relevant tax forms. One example is the Claim it! campaign in Minnesota that launched in 2006 to help Minnesotans claim the EITC. The state of California requires employers to notify every employee about the EITC every year, in writing, at the same time W-2 forms are distributed.


Storefront tax prep, “RACs,” prep and account fees, third-party debt collection

RALs (Refund Anticipation Loans) are short term loans on the security of an expected tax refund, and RACs (Refund Anticipation Checks) are temporary accounts specifically to wait to receive tax refunds, which are then paid by a check or debit card from the bank less fees. The combination of Earned Income Credit, RALs, and RACs has created a major market for the storefront tax preparation industry. A 2002 Brookings Institution study of Cleveland taxpayers found that 47 percent of filers claiming EIC purchased RALs, as compared to 10 percent of those not claiming EIC. The tax preparation industry responded that at least one-half of RAL customers included in the IRS data actually received RACs instead. These financial products have been criticized on various grounds, including inflated prices for tax preparation, account fees, RAL interest rates, as well as the practice of third-party debt collection (this used to be called "cross-collection" which hinted at the practice, but tax prep companies now to seem more vaguely refer to the practice merely as "previous debt"). This practice occurs when one RAL- or RAC-issuing bank collects for another. That is, such lenders may take all or part of a client's current year tax refund for purposes of third-party debt collection, and it is unclear how broad are the types of debts for which the banks collect. This contrasts with the more limited types of debt collected for by the IRS. This practice of one bank collecting debt for another may not be adequately disclosed to the tax preparation client; on the other hand, some clients may fail to disclose obligations that result a governmental seizure of their refunds. With both RALs and RACs, the client grants the bank first rights to their tax refund, and both carry the same risk of third-party bank collection. Advertisement phrases such as "Rapid Refund" have been deemed deceptive and illegal, since these financial products do not speed remittances beyond the routine automation of tax return processing, and do not make it clear that these are loan applications. Beginning with 2011 tax season, the IRS announced that they would no longer provide preparers and financial institutions with the “debt indicator” that assisted banks in determining whether RAL applications were approved. Beginning with the 2013 tax season, major banks are no longer offering RALs but only RACs.Refund Anticipation Loans Come With Risks
Better Business Bureau, 2/26/2013. ' . . The Federal Deposit Insurance Corporation has forced all major national banks to discontinue these types of loans. Be wary of sketchy lenders, both online and off. . '
Tax refund offers include extra fees
KGET alifornia Feb. 7, 2013. ' . . "They have to disclose all the fees so make sure you carefully read any papers that you sign, giving them rights to your refund, because that's exactly what you're doing," said Hudson aty Hudson, Consumer Credit Counseling Services President . '
However, a March 2013 article in ''CNN Money'' reported that tax prep companies are offering a hodgepodge of financial products similar to RALs. The article further states that, "The NCLC ational Consumer Law Centeralso found that some shady tax preparers are even offering tax refund loans to lure taxpayers into their offices, but have no intention of lending them the money."New tax refund loans carry sky-high fees and rates
CNNMoney, Blake Ellis, March 6, 2013.


See also

*
Capital gains tax A capital gains tax (CGT) is the tax on profits realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, bonds, precious metals, real estate, and property. Not all countries impose ...
* Child tax credit (United States) * Guaranteed minimum income *
Negative income tax In economics, a negative income tax (NIT) is a system which reverses the direction in which tax is paid for incomes below a certain level; in other words, earners above that level pay money to the state while earners below it receive money, as ...
*
Refund anticipation loan Refund anticipation loan (RAL) is a short-term consumer loan in the United States provided by a third party against an expected tax refund for the duration it takes the tax authority to pay the refund. The loan term was usually about two to three w ...
*
Taxation in the United States The United States of America has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well ...
* Unearned income


References


Further reading

*


External links

{{External links, date=August 2015 Taxpayer info/tools: *IR
EITC Assistant
which can help determine if one qualifies for EITC *IR
1040 Instructions 2010
Earned Income Credit instructions on pages 45–48, optional worksheets 49–51, credit table itself 51–58. Only required attachment is Schedule EIC if one is claiming a qualifying child. *IR
Schedule EIC
A person or couple claiming qualifying child(ren) needs to attach this form to the 1040 or 1040A tax return. *IR
Publication 596 – Earned Income Credit
a publication aimed at people who will potentially be claiming the credit. Organizations/campaigns:
National EITC Outreach CampaignBoston EITC CampaignTax Credits for Working Families
Background:
Section 13
("Tax Provisions Related to Retirement, Health, Poverty, Employment, Disability, and Other Social Issues") of the
House Ways and Means Committee The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other program ...
'
Green Book
provides historical information, including previous EITC parameters. (The version linked to here is the 2004 edition. Note: it's not published annually.) Policy analysis:

* ttps://sgp.fas.org/crs/misc/R44057.pdf The Earned Income Tax Credit (EITC): An Economic Analysis
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...

The Earned Income Tax Credit (EITC): Percentage of Total Tax Returns and Credit Amount by State
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...

The Earned Income Tax Credit at Age 30: What We Know
Steve Holt, the
Brookings Institution The Brookings Institution, often stylized as simply Brookings, is an American research group founded in 1916. Located on Think Tank Row in Washington, D.C., the organization conducts research and education in the social sciences, primarily in ec ...

The Hidden Welfare State: Tax Expenditures and Social Policy in the United States
Christopher Howard, Princeton University Press, 1997. Mr. Howard discusses the mortgage interest deduction, employer pensions, EITC, and the targeted jobs tax credit as examples of tax expenditures. Personal taxes in the United States Tax credits Tax terms Taxation and redistribution Taxation in the United States