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File free tax extension Publication 596 - Main Content Table of Contents Chapter 1—Rules for EveryoneRule 1—Adjusted Gross Income (AGI) Limits Rule 2—You Must Have a Valid Social Security Number (SSN) Rule 3—Your Filing Status Cannot Be Married Filing Separately Rule 4—You Must Be a U. File free tax extension S. File free tax extension Citizen or Resident Alien All Year Rule 5—You Cannot File Form 2555 or Form 2555-EZ Rule 6—Your Investment Income Must Be $3,300 or Less Rule 7—You Must Have Earned Income Chapter 2—Rules If You Have a Qualifying ChildRule 8—Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Rule 9—Your Qualifying Child Cannot Be Used by More Than One Person To Claim the EIC Rule 10—You Cannot Be a Qualifying Child of Another Taxpayer Chapter 3—Rules If You Do Not Have a Qualifying ChildRule 11—You Must Be at Least Age 25 but Under Age 65 Rule 12—You Cannot Be the Dependent of Another Person Rule 13—You Cannot Be a Qualifying Child of Another Taxpayer Rule 14—You Must Have Lived in the United States More Than Half of the Year Chapter 4—Figuring and Claiming the EICRule 15—Earned Income Limits IRS Will Figure the EIC for You How To Figure the EIC Yourself Schedule EIC Chapter 5—Disallowance of the EICForm 8862 Are You Prohibited From Claiming the EIC for a Period of Years? Chapter 6—Detailed ExamplesExample 1—Sharon Rose Example 2—Cynthia and Jerry Grey Chapter 1—Rules for Everyone This chapter discusses Rules 1 through 7. File free tax extension You must meet all seven rules to qualify for the earned income credit. File free tax extension If you do not meet all seven rules, you cannot get the credit and you do not need to read the rest of the publication. File free tax extension If you meet all seven rules in this chapter, then read either chapter 2 or chapter 3 (whichever applies) for more rules you must meet. File free tax extension Rule 1—Adjusted Gross Income (AGI) Limits Your adjusted gross income (AGI) must be less than: $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children, $43,038 ($48,378 for married filing jointly) if you have two qualifying children, $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File free tax extension Adjusted gross income (AGI). File free tax extension   AGI is the amount on line 4 of Form 1040EZ, line 22 of Form 1040A, or line 38 of Form 1040. File free tax extension   If your AGI is equal to or more than the applicable limit listed above, you cannot claim the EIC. File free tax extension You do not need to read the rest of this publication. File free tax extension Example—AGI is more than limit. File free tax extension Your AGI is $38,550, you are single, and you have one qualifying child. File free tax extension You cannot claim the EIC because your AGI is not less than $37,870. File free tax extension However, if your filing status was married filing jointly, you might be able to claim the EIC because your AGI is less than $43,210. File free tax extension Community property. File free tax extension   If you are married, but qualify to file as head of household under special rules for married taxpayers living apart (see Rule 3), and live in a state that has community property laws, your AGI includes that portion of both your and your spouse's wages that you are required to include in gross income. File free tax extension This is different from the community property rules that apply under Rule 7. File free tax extension Rule 2—You Must Have a Valid Social Security Number (SSN) To claim the EIC, you (and your spouse, if filing a joint return) must have a valid SSN issued by the Social Security Administration (SSA). File free tax extension Any qualifying child listed on Schedule EIC also must have a valid SSN. File free tax extension (See Rule 8 if you have a qualifying child. File free tax extension ) If your social security card (or your spouse's, if filing a joint return) says “Not valid for employment” and your SSN was issued so that you (or your spouse) could get a federally funded benefit, you cannot get the EIC. File free tax extension An example of a federally funded benefit is Medicaid. File free tax extension If you have a card with the legend “Not valid for employment” and your immigration status has changed so that you are now a U. File free tax extension S. File free tax extension citizen or permanent resident, ask the SSA for a new social security card without the legend. File free tax extension If you get the new card after you have already filed your return, you can file an amended return on Form 1040X, Amended U. File free tax extension S. File free tax extension Individual Income Tax Return, to claim the EIC. File free tax extension U. File free tax extension S. File free tax extension citizen. File free tax extension   If you were a U. File free tax extension S. File free tax extension citizen when you received your SSN, you have a valid SSN. File free tax extension Valid for work only with INS authorization or DHS authorization. File free tax extension   If your social security card reads “Valid for work only with INS authorization” or “Valid for work only with DHS authorization,” you have a valid SSN, but only if that authorization is still valid. File free tax extension SSN missing or incorrect. File free tax extension   If an SSN for you or your spouse is missing from your tax return or is incorrect, you may not get the EIC. File free tax extension Other taxpayer identification number. File free tax extension   You cannot get the EIC if, instead of an SSN, you (or your spouse, if filing a joint return) have an individual taxpayer identification number (ITIN). File free tax extension ITINs are issued by the Internal Revenue Service to noncitizens who cannot get an SSN. File free tax extension No SSN. File free tax extension   If you do not have a valid SSN, put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File free tax extension You cannot claim the EIC. File free tax extension Getting an SSN. File free tax extension   If you (or your spouse, if filing a joint return) do not have an SSN, you can apply for one by filing Form SS-5 with the SSA. File free tax extension You can get Form SS-5 online at www. File free tax extension socialsecurity. File free tax extension gov, from your local SSA office, or by calling the SSA at 1-800-772-1213. File free tax extension Filing deadline approaching and still no SSN. File free tax extension   If the filing deadline is approaching and you still do not have an SSN, you have two choices. File free tax extension Request an automatic 6-month extension of time to file your return. File free tax extension You can get this extension by filing Form 4868, Application for Automatic Extension of Time to File U. File free tax extension S. File free tax extension Individual Income Tax Return. File free tax extension For more information, see the instructions for Form 4868. File free tax extension File the return on time without claiming the EIC. File free tax extension After receiving the SSN, file an amended return, Form 1040X, claiming the EIC. File free tax extension Attach a filled-in Schedule EIC, Earned Income Credit, if you have a qualifying child. File free tax extension Rule 3—Your Filing Status Cannot Be “Married Filing Separately” If you are married, you usually must file a joint return to claim the EIC. File free tax extension Your filing status cannot be “Married filing separately. File free tax extension ” Spouse did not live with you. File free tax extension   If you are married and your spouse did not live in your home at any time during the last 6 months of the year, you may be able to file as head of household, instead of married filing separately. File free tax extension In that case, you may be able to claim the EIC. File free tax extension For detailed information about filing as head of household, see Publication 501, Exemptions, Standard Deduction, and Filing Information. File free tax extension Rule 4—You Must Be a U. File free tax extension S. File free tax extension Citizen or Resident Alien All Year If you (or your spouse, if married) were a nonresident alien for any part of the year, you cannot claim the earned income credit unless your filing status is married filing jointly. File free tax extension You can use that filing status only if one spouse is a U. File free tax extension S. File free tax extension citizen or resident alien and you choose to treat the nonresident spouse as a U. File free tax extension S. File free tax extension resident. File free tax extension If you make this choice, you and your spouse are taxed on your worldwide income. File free tax extension If you need more information on making this choice, get Publication 519, U. File free tax extension S. File free tax extension Tax Guide for Aliens. File free tax extension If you (or your spouse, if married) were a nonresident alien for any part of the year and your filing status is not married filing jointly, enter “No” on the dotted line next to line 64a (Form 1040) or in the space to the left of line 38a (Form 1040A). File free tax extension Rule 5—You Cannot File Form 2555 or Form 2555-EZ You cannot claim the earned income credit if you file Form 2555, Foreign Earned Income, or Form 2555-EZ, Foreign Earned Income Exclusion. File free tax extension You file these forms to exclude income earned in foreign countries from your gross income, or to deduct or exclude a foreign housing amount. File free tax extension U. File free tax extension S. File free tax extension possessions are not foreign countries. File free tax extension See Publication 54, Tax Guide for U. File free tax extension S. File free tax extension Citizens and Resident Aliens Abroad, for more detailed information. File free tax extension Rule 6—Your Investment Income Must Be $3,300 or Less You cannot claim the earned income credit unless your investment income is $3,300 or less. File free tax extension If your investment income is more than $3,300, you cannot claim the credit. File free tax extension Form 1040EZ. File free tax extension   If you file Form 1040EZ, your investment income is the total of the amount on line 2 and the amount of any tax-exempt interest you wrote to the right of the words “Form 1040EZ” on line 2. File free tax extension Form 1040A. File free tax extension   If you file Form 1040A, your investment income is the total of the amounts on lines 8a (taxable interest), 8b (tax-exempt interest), 9a (ordinary dividends), and 10 (capital gain distributions) on that form. File free tax extension Form 1040. File free tax extension   If you file Form 1040, use Worksheet 1 in this chapter to figure your investment income. File free tax extension    Worksheet 1. File free tax extension Investment Income If You Are Filing Form 1040 Use this worksheet to figure investment income for the earned income credit when you file Form 1040. File free tax extension Interest and Dividends         1. File free tax extension Enter any amount from Form 1040, line 8a 1. File free tax extension   2. File free tax extension Enter any amount from Form 1040, line 8b, plus any amount on Form 8814, line 1b 2. File free tax extension   3. File free tax extension Enter any amount from Form 1040, line 9a 3. File free tax extension   4. File free tax extension Enter the amount from Form 1040, line 21, that is from Form 8814 if you are filing that form to report your child's interest and dividend income on your return. File free tax extension (If your child received an Alaska Permanent Fund dividend, use Worksheet 2 in this chapter to figure the amount to enter on this line. File free tax extension ) 4. File free tax extension   Capital Gain Net Income         5. File free tax extension Enter the amount from Form 1040, line 13. File free tax extension If the amount on that line is a loss, enter -0- 5. File free tax extension       6. File free tax extension Enter any gain from Form 4797, Sales of Business Property, line 7. File free tax extension If the amount on that line is a loss, enter -0-. File free tax extension (But, if you completed lines 8 and 9 of Form 4797, enter the amount from line 9 instead. File free tax extension ) 6. File free tax extension       7. File free tax extension Substract line 6 of this worksheet from line 5 of this worksheet. File free tax extension (If the result is less than zero, enter -0-. File free tax extension ) 7. File free tax extension   Royalties and Rental Income From Personal Property         8. File free tax extension Enter any royalty income from Schedule E, line 23b, plus any income from the rental of personal property shown on Form 1040, line 21 8. File free tax extension       9. File free tax extension Enter any expenses from Schedule E, line 20, related to royalty income, plus any expenses from the rental of personal property deducted on Form 1040, line 36 9. File free tax extension       10. File free tax extension Subtract the amount on line 9 of this worksheet from the amount on line 8. File free tax extension (If the result is less than zero, enter -0-. File free tax extension ) 10. File free tax extension   Passive Activities         11. File free tax extension Enter the total of any net income from passive activities (such as income included on Schedule E, line 26, 29a (col. File free tax extension (g)), 34a (col. File free tax extension (d)), or 40). File free tax extension (See instructions below for lines 11 and 12. File free tax extension ) 11. File free tax extension       12. File free tax extension Enter the total of any losses from passive activities (such as losses included on Schedule E, line 26, 29b (col. File free tax extension (f)), 34b (col. File free tax extension (c)), or 40). File free tax extension (See instructions below for lines 11 and 12. File free tax extension ) 12. File free tax extension       13. File free tax extension Combine the amounts on lines 11 and 12 of this worksheet. File free tax extension (If the result is less than zero, enter -0-. File free tax extension ) 13. File free tax extension   14. File free tax extension Add the amounts on lines 1, 2, 3, 4, 7, 10, and 13. File free tax extension Enter the total. File free tax extension This is your investment income 14. File free tax extension   15. File free tax extension Is the amount on line 14 more than $3,300? ❑ Yes. File free tax extension You cannot take the credit. File free tax extension  ❑ No. File free tax extension Go to Step 3 of the Form 1040 instructions for lines 64a and 64b to find out if you can take the credit (unless you are using this publication to find out if you can take the credit; in that case, go to Rule 7, next). File free tax extension       Instructions for lines 11 and 12. File free tax extension In figuring the amount to enter on lines 11 and 12, do not take into account any royalty income (or loss) included on line 26 of Schedule E or any amount included in your earned income. File free tax extension To find out if the income on line 26 or line 40 of Schedule E is from a passive activity, see the Schedule E instructions. File free tax extension If any of the rental real estate income (or loss) included on Schedule E, line 26, is not from a passive activity, print “NPA” and the amount of that income (or loss) on the dotted line next to line 26. File free tax extension Worksheet 2. File free tax extension Worksheet for Line 4 of Worksheet 1 Complete this worksheet only if Form 8814 includes an Alaska Permanent Fund dividend. File free tax extension Note. File free tax extension Fill out a separate Worksheet 2 for each Form 8814. File free tax extension     1. File free tax extension Enter the amount from Form 8814, line 2a 1. File free tax extension   2. File free tax extension Enter the amount from Form 8814, line 2b 2. File free tax extension   3. File free tax extension Subtract line 2 from line 1 3. File free tax extension   4. File free tax extension Enter the amount from Form 8814, line 1a 4. File free tax extension   5. File free tax extension Add lines 3 and 4 5. File free tax extension   6. File free tax extension Enter the amount of the child's Alaska Permanent Fund dividend 6. File free tax extension   7. File free tax extension Divide line 6 by line 5. File free tax extension Enter the result as a decimal (rounded to at least three places) 7. File free tax extension   8. File free tax extension Enter the amount from Form 8814, line 12 8. File free tax extension   9. File free tax extension Multiply line 7 by line 8 9. File free tax extension   10. File free tax extension Subtract line 9 from line 8. File free tax extension Enter the result on line 4 of Worksheet 1 10. File free tax extension     (If filing more than one Form 8814, enter on line 4 of Worksheet 1 the total of the amounts on line 10 of all Worksheets 2. File free tax extension )     Example—completing Worksheet 2. File free tax extension Your 10-year-old child has taxable interest income of $400, an Alaska Permanent Fund dividend of $1,000, and ordinary dividends of $1,100, of which $500 are qualified dividends. File free tax extension You choose to report this income on your return. File free tax extension You enter $400 on line 1a of Form 8814, $2,100 ($1,000 + $1,100) on line 2a, and $500 on line 2b. File free tax extension After completing lines 4 through 11, you enter $400 on line 12 of Form 8814 and line 21 of Form 1040. File free tax extension On Worksheet 2, you enter $2,100 on line 1, $500 on line 2, $1,600 on line 3, $400 on line 4, $2,000 on line 5, $1,000 on line 6, 0. File free tax extension 500 on line 7, $400 on line 8, $200 on line 9, and $200 on line 10. File free tax extension You then enter $200 on line 4 of Worksheet 1. File free tax extension Rule 7—You Must Have Earned Income This credit is called the “earned income” credit because, to qualify, you must work and have earned income. File free tax extension If you are married and file a joint return, you meet this rule if at least one spouse works and has earned income. File free tax extension If you are an employee, earned income includes all the taxable income you get from your employer. File free tax extension Rule 15 has information that will help you figure the amount of your earned income. File free tax extension If you are self-employed or a statutory employee, you will figure your earned income on EIC Worksheet B in the Form 1040 instructions. File free tax extension Earned Income Earned income includes all of the following types of income. File free tax extension Wages, salaries, tips, and other taxable employee pay. File free tax extension Employee pay is earned income only if it is taxable. File free tax extension Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. File free tax extension But there is an exception for nontaxable combat pay, which you can choose to include in earned income, as explained later in this chapter. File free tax extension Net earnings from self-employment. File free tax extension Gross income received as a statutory employee. File free tax extension Wages, salaries, and tips. File free tax extension    Wages, salaries, and tips you receive for working are reported to you on Form W-2, in box 1. File free tax extension You should report these on line 1 (Form 1040EZ) or line 7 (Forms 1040A and 1040). File free tax extension Nontaxable combat pay election. File free tax extension   You can elect to include your nontaxable combat pay in earned income for the earned income credit. File free tax extension The amount of your nontaxable combat pay should be shown on your Form W-2, in box 12, with code Q. File free tax extension Electing to include nontaxable combat pay in earned income may increase or decrease your EIC. File free tax extension For details, see Nontaxable combat pay in chapter 4. File free tax extension Net earnings from self-employment. File free tax extension   You may have net earnings from self-employment if: You own your own business, or You are a minister or member of a religious order. File free tax extension Minister's housing. File free tax extension   The rental value of a home or a housing allowance provided to a minister as part of the minister's pay generally is not subject to income tax but is included in net earnings from self-employment. File free tax extension For that reason, it is included in earned income for the EIC (except in the cases described in Approved Form 4361 or Form 4029 , below). File free tax extension Statutory employee. File free tax extension   You are a statutory employee if you receive a Form W-2 on which the “Statutory employee” box (box 13) is checked. File free tax extension You report your income and expenses as a statutory employee on Schedule C or C-EZ (Form 1040). File free tax extension Strike benefits. File free tax extension   Strike benefits paid by a union to its members are earned income. File free tax extension Approved Form 4361 or Form 4029 This section is for persons who have an approved: Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners, or Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. File free tax extension Each approved form exempts certain income from social security taxes. File free tax extension Each form is discussed here in terms of what is or is not earned income for the EIC. File free tax extension Form 4361. File free tax extension   Whether or not you have an approved Form 4361, amounts you received for performing ministerial duties as an employee count as earned income. File free tax extension This includes wages, salaries, tips, and other taxable employee compensation. File free tax extension A nontaxable housing allowance or the nontaxable rental value of a home is not earned income. File free tax extension Also, amounts you received for performing ministerial duties, but not as an employee, do not count as earned income. File free tax extension Examples include fees for performing marriages and honoraria for delivering speeches. File free tax extension Form 4029. File free tax extension   Whether or not you have an approved Form 4029, all wages, salaries, tips, and other taxable employee compensation count as earned income. File free tax extension However, amounts you received as a self-employed individual do not count as earned income. File free tax extension Also, in figuring earned income, do not subtract losses on Schedule C, C-EZ, or F from wages on line 7 of Form 1040. File free tax extension Disability Benefits If you retired on disability, taxable benefits you receive under your employer's disability retirement plan are considered earned income until you reach minimum retirement age. File free tax extension Minimum retirement age generally is the earliest age at which you could have received a pension or annuity if you were not disabled. File free tax extension You must report your taxable disability payments on line 7 of either Form 1040 or Form 1040A until you reach minimum retirement age. File free tax extension Beginning on the day after you reach minimum retirement age, payments you receive are taxable as a pension and are not considered earned income. File free tax extension Report taxable pension payments on Form 1040, lines 16a and 16b, or Form 1040A, lines 12a and 12b. File free tax extension Disability insurance payments. File free tax extension   Payments you received from a disability insurance policy that you paid the premiums for are not earned income. File free tax extension It does not matter whether you have reached minimum retirement age. File free tax extension If this policy is through your employer, the amount may be shown in box 12 of your Form W-2 with code “J. File free tax extension ” Income That Is Not Earned Income Examples of items that are not earned income include interest and dividends, pensions and annuities, social security and railroad retirement benefits (including disability benefits), alimony and child support, welfare benefits, workers' compensation benefits, unemployment compensation (insurance), nontaxable foster care payments, and veterans' benefits, including VA rehabilitation payments. File free tax extension Do not include any of these items in your earned income. File free tax extension Earnings while an inmate. File free tax extension   Amounts received for work performed while an inmate in a penal institution are not earned income when figuring the earned income credit. File free tax extension This includes amounts for work performed while in a work release program or while in a halfway house. File free tax extension Workfare payments. File free tax extension   Nontaxable workfare payments are not earned income for the EIC. File free tax extension These are cash payments certain people receive from a state or local agency that administers public assistance programs funded under the federal Temporary Assistance for Needy Families (TANF) program in return for certain work activities such as (1) work experience activities (including remodeling or repairing public housing) if sufficient private sector employment is not available, or (2) community service program activities. File free tax extension Community property. File free tax extension   If you are married, but qualify to file as head of household under special rules for married taxpayers living apart (see Rule 3), and live in a state that has community property laws, your earned income for the EIC does not include any amount earned by your spouse that is treated as belonging to you under those laws. File free tax extension That amount is not earned income for the EIC, even though you must include it in your gross income on your income tax return. File free tax extension Your earned income includes the entire amount you earned, even if part of it is treated as belonging to your spouse under your state's community property laws. File free tax extension Nevada, Washington, and California domestic partners. File free tax extension   If you are a registered domestic partner in Nevada, Washington, or California, the same rules apply. File free tax extension Your earned income for the EIC does not include any amount earned by your partner. File free tax extension Your earned income includes the entire amount you earned. File free tax extension For details, see Publication 555. File free tax extension Conservation Reserve Program (CRP) payments. File free tax extension   If you were receiving social security retirement benefits or social security disability benefits at the time you received any CRP payments, your CRP payments are not earned income for the EIC. File free tax extension Nontaxable military pay. File free tax extension   Nontaxable pay for members of the Armed Forces is not considered earned income for the EIC. File free tax extension Examples of nontaxable military pay are combat pay, the Basic Allowance for Housing (BAH), and the Basic Allowance for Subsistence (BAS). File free tax extension See Publication 3, Armed Forces' Tax Guide, for more information. File free tax extension    Combat pay. File free tax extension You can elect to include your nontaxable combat pay in earned income for the EIC. File free tax extension See Nontaxable combat pay in chapter 4. File free tax extension Chapter 2—Rules If You Have a Qualifying Child If you have met all the rules in chapter 1, use this chapter to see if you have a qualifying child. File free tax extension This chapter discusses Rules 8 through 10. File free tax extension You must meet all three of those rules, in addition to the rules in chapters 1 and 4, to qualify for the earned income credit with a qualifying child. File free tax extension You must file Form 1040 or Form 1040A to claim the EIC with a qualifying child. File free tax extension (You cannot file Form 1040EZ. File free tax extension ) You also must complete Schedule EIC and attach it to your return. File free tax extension If you meet all the rules in chapter 1 and this chapter, read chapter 4 to find out what to do next. File free tax extension No qualifying child. File free tax extension   If you do not meet Rule 8, you do not have a qualifying child. File free tax extension Read chapter 3 to find out if you can get the earned income credit without a qualifying child. File free tax extension Rule 8—Your Child Must Meet the Relationship, Age, Residency, and Joint Return Tests Your child is a qualifying child if your child meets four tests. File free tax extension The fours tests are: Relationship, Age, Residency, and Joint return. File free tax extension The four tests are illustrated in Figure 1. File free tax extension The paragraphs that follow contain more information about each test. File free tax extension Relationship Test To be your qualifying child, a child must be your: Son, daughter, stepchild, foster child, or a descendant of any of them (for example, your grandchild), or Brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them (for example, your niece or nephew). File free tax extension The following definitions clarify the relationship test. File free tax extension Adopted child. File free tax extension   An adopted child is always treated as your own child. File free tax extension The term “adopted child” includes a child who was lawfully placed with you for legal adoption. File free tax extension Foster child. File free tax extension   For the EIC, a person is your foster child if the child is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. File free tax extension (An authorized placement agency includes a state or local government agency. File free tax extension It also includes a tax-exempt organization licensed by a state. File free tax extension In addition, it includes an Indian tribal government or an organization authorized by an Indian tribal government to place Indian children. File free tax extension ) Example. File free tax extension Debbie, who is 12 years old, was placed in your care 2 years ago by an authorized agency responsible for placing children in foster homes. File free tax extension Debbie is your foster child. File free tax extension Figure 1. File free tax extension Tests for Qualifying Child Please click here for the text description of the image. File free tax extension Conditions for Qualifying Child Age Test Your child must be: Under age 19 at the end of 2013 and younger than you (or your spouse, if filing jointly), Under age 24 at the end of 2013, a student, and younger than you (or your spouse, if filing jointly, or Permanently and totally disabled at any time during 2013, regardless of age. File free tax extension The following examples and definitions clarify the age test. File free tax extension Example 1—child not under age 19. File free tax extension Your son turned 19 on December 10. File free tax extension Unless he was permanently and totally disabled or a student, he is not a qualifying child because, at the end of the year, he was not under age 19. File free tax extension Example 2—child not younger than you or your spouse. File free tax extension Your 23-year-old brother, who is a full-time student and unmarried, lives with you and your spouse. File free tax extension He is not disabled. File free tax extension Both you and your spouse are 21 years old, and you file a joint return. File free tax extension Your brother is not your qualifying child because he is not younger than you or your spouse. File free tax extension Example 3—child younger than your spouse but not younger than you. File free tax extension The facts are the same as in Example 2 except that your spouse is 25 years old. File free tax extension Because your brother is younger than your spouse, he is your qualifying child, even though he is not younger than you. File free tax extension Student defined. File free tax extension   To qualify as a student, your child must be, during some part of each of any 5 calendar months during the calendar year: A full-time student at a school that has a regular teaching staff, course of study, and regular student body at the school, or A student taking a full-time, on-farm training course given by a school described in (1), or a state, county, or local government. File free tax extension   The 5 calendar months need not be consecutive. File free tax extension   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. File free tax extension School defined. File free tax extension   A school can be an elementary school, junior or senior high school, college, university, or technical, trade, or mechanical school. File free tax extension However, on-the-job training courses, correspondence schools, and schools offering courses only through the Internet do not count as schools for the EIC. File free tax extension Vocational high school students. File free tax extension   Students who work in co-op jobs in private industry as a part of a school's regular course of classroom and practical training are considered full-time students. File free tax extension Permanently and totally disabled. File free tax extension   Your child is permanently and totally disabled if both of the following apply. File free tax extension He or she cannot engage in any substantial gainful activity because of a physical or mental condition. File free tax extension A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death. File free tax extension Residency Test Your child must have lived with you in the United States for more than half of 2013. File free tax extension The following definitions clarify the residency test. File free tax extension United States. File free tax extension   This means the 50 states and the District of Columbia. File free tax extension It does not include Puerto Rico or U. File free tax extension S. File free tax extension possessions such as Guam. File free tax extension Homeless shelter. File free tax extension   Your home can be any location where you regularly live. File free tax extension You do not need a traditional home. File free tax extension For example, if your child lived with you for more than half the year in one or more homeless shelters, your child meets the residency test. File free tax extension Military personnel stationed outside the United States. File free tax extension   U. File free tax extension S. File free tax extension military personnel stationed outside the United States on extended active duty are considered to live in the United States during that duty period for purposes of the EIC. File free tax extension Extended active duty. File free tax extension   Extended active duty means you are called or ordered to duty for an indefinite period or for a period of more than 90 days. File free tax extension Once you begin serving your extended active duty, you are still considered to have been on extended active duty even if you do not serve more than 90 days. File free tax extension Birth or death of child. File free tax extension    child who was born or died in 2013 is treated as having lived with you for more than half of 2013 if your home was the child's home for more than half the time he or she was alive in 2013. File free tax extension Temporary absences. File free tax extension   Count time that you or your child is away from home on a temporary absence due to a special circumstance as time the child lived with you. File free tax extension Examples of a special circumstance include illness, school attendance, business, vacation, military service, and detention in a juvenile facility. File free tax extension Kidnapped child. File free tax extension   A kidnapped child is treated as living with you for more than half of the year if the child lived with you for more than half the part of the year before the date of the kidnapping. File free tax extension The child must be presumed by law enforcement authorities to have been kidnapped by someone who is not a member of your family or the child's family. File free tax extension This treatment applies for all years until the child is returned. File free tax extension However, the last year this treatment can apply is the earlier of: The year there is a determination that the child is dead, or The year the child would have reached age 18. File free tax extension   If your qualifying child has been kidnapped and meets these requirements, enter “KC,” instead of a number, on line 6 of Schedule EIC. File free tax extension Joint Return Test To meet this test, the child cannot file a joint return for the year. File free tax extension Exception. File free tax extension   An exception to the joint return test applies if your child and his or her spouse file a joint return only to claim a refund of income tax withheld or estimated tax paid. File free tax extension Example 1—child files joint return. File free tax extension You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. File free tax extension He earned $25,000 for the year. File free tax extension The couple files a joint return. File free tax extension Because your daughter and her husband file a joint return, she is not your qualifying child. File free tax extension Example 2—child files joint return to get refund of tax withheld. File free tax extension Your 18-year-old son and his 17-year-old wife had $800 of wages from part-time jobs and no other income. File free tax extension They do not have a child. File free tax extension Neither is required to file a tax return. File free tax extension Taxes were taken out of their pay, so they file a joint return only to get a refund of the withheld taxes. File free tax extension The exception to the joint return test applies, so your son may be your qualifying child if all the other tests are met. File free tax extension Example 3—child files joint return to claim American opportunity credit. File free tax extension The facts are the same as in Example 2 except no taxes were taken out of your son's pay. File free tax extension He and his wife are not required to file a tax return, but they file a joint return to claim an American opportunity credit of $124 and get a refund of that amount. File free tax extension Because claiming the American opportunity credit is their reason for filing the return, they are not filing it only to claim a refund of income tax withheld or estimated tax paid. File free tax extension The exception to the joint return test does not apply, so your son is not your qualifying child. File free tax extension Married child. File free tax extension   Even if your child does not file a joint return, if your child was married at the end of the year, he or she cannot be your qualifying child unless: You can claim an exemption for the child, or The reason you cannot claim an exemption for the child is that you let the child's other parent claim the exemption under the Special rule for divorced or separated parents (or parents who live apart) described later. File free tax extension    Social security number. File free tax extension Your qualifying child must have a valid social security number (SSN), unless the child was born and died in 2013 and you attach to your return a copy of the child's birth certificate, death certificate, or hospital records showing a live birth. File free tax extension You cannot claim the EIC on the basis of a qualifying child if: The qualifying child's SSN is missing from your tax return or is incorrect, The qualifying child's social security card says “Not valid for employment” and was issued for use in getting a federally funded benefit, or Instead of an SSN, the qualifying child has: An individual taxpayer identification number (ITIN), which is issued to a noncitizen who cannot get an SSN, or An adoption taxpayer identification number (ATIN), issued to adopting parents who cannot get an SSN for the child being adopted until the adoption is final. File free tax extension   If you have more than one qualifying child and only one has a valid SSN, you can use only that child to claim the EIC. File free tax extension For more information about SSNs, see Rule 2. File free tax extension Rule 9—Your Qualifying Child Cannot Be Used by More Than One Person To Claim the EIC Sometimes a child meets the tests to be a qualifying child of more than one person. File free tax extension However, only one of these persons can actually treat the child as a qualifying child. File free tax extension Only that person can use the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). File free tax extension The exemption for the child. File free tax extension The child tax credit. File free tax extension Head of household filing status. File free tax extension The credit for child and dependent care expenses. File free tax extension The exclusion for dependent care benefits. File free tax extension The EIC. File free tax extension The other person cannot take any of these benefits based on this qualifying child. File free tax extension In other words, you and the other person cannot agree to divide these tax benefits between you. File free tax extension The other person cannot take any of these tax benefits unless he or she has a different qualifying child. File free tax extension The tiebreaker rules, which follow, explain who, if anyone, can claim the EIC when more than one person has the same qualifying child. File free tax extension However, the tiebreaker rules do not apply if the other person is your spouse and you file a joint return. File free tax extension Tiebreaker rules. File free tax extension   To determine which person can treat the child as a qualifying child to claim the six tax benefits just listed, the following tiebreaker rules apply. File free tax extension If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent. File free tax extension If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents. File free tax extension If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. File free tax extension If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. File free tax extension If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year. File free tax extension If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. File free tax extension If the child's parents file a joint return with each other, this rule can be applied by treating the parents' total AGI as divided evenly between them. File free tax extension See Example 8. File free tax extension   Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child. File free tax extension See Examples 1 through 13. File free tax extension   If you cannot claim the EIC because your qualifying child is treated under the tiebreaker rules as the qualifying child of another person for 2013, you may be able to take the EIC using a different qualifying child, but you cannot take the EIC using the rules in chapter 3 for people who do not have a qualifying child. File free tax extension If the other person cannot claim the EIC. File free tax extension   If you and someone else have the same qualifying child but the other person cannot claim the EIC because he or she is not eligible or his or her earned income or AGI is too high, you may be able to treat the child as a qualifying child. File free tax extension See Examples 6 and 7. File free tax extension But you cannot treat the child as a qualifying child to claim the EIC if the other person uses the child to claim any of the other six tax benefits listed earlier in this chapter. File free tax extension Examples. File free tax extension    The following examples may help you in determining whether you can claim the EIC when you and someone else have the same qualifying child. File free tax extension Example 1—child lived with parent and grandparent. File free tax extension You and your 2-year-old son Jimmy lived with your mother all year. File free tax extension You are 25 years old, unmarried, and your AGI is $9,000. File free tax extension Your only income was $9,000 from a part-time job. File free tax extension Your mother's only income was $20,000 from her job, and her AGI is $20,000. File free tax extension Jimmy's father did not live with you or Jimmy. File free tax extension The special rule explained later for divorced or separated parents (or parents who live apart) does not apply. File free tax extension Jimmy is a qualifying child of both you and your mother because he meets the relationship, age, residency, and joint return tests for both you and your mother. File free tax extension However, only one of you can treat him as a qualifying child to claim the EIC (and the other tax benefits listed earlier in this chapter for which that person qualifies). File free tax extension He is not a qualifying child of anyone else, including his father. File free tax extension If you do not claim Jimmy as a qualifying child for the EIC or any of the other tax benefits listed earlier, your mother can treat him as a qualifying child to claim the EIC (and any of the other tax benefits listed earlier for which she qualifies). File free tax extension Example 2—parent has higher AGI than grandparent. File free tax extension The facts are the same as in Example 1 except your AGI is $25,000. File free tax extension Because your mother's AGI is not higher than yours, she cannot claim Jimmy as a qualifying child. File free tax extension Only you can claim him. File free tax extension Example 3—two persons claim same child. File free tax extension The facts are the same as in Example 1 except that you and your mother both claim Jimmy as a qualifying child. File free tax extension In this case, you as the child's parent will be the only one allowed to claim Jimmy as a qualifying child for the EIC and the other tax benefits listed earlier for which you qualify. File free tax extension The IRS will disallow your mother's claim to the EIC and any of the other tax benefits listed earlier unless she has another qualifying child. File free tax extension Example 4—qualifying children split between two persons. File free tax extension The facts are the same as in Example 1 except that you also have two other young children who are qualifying children of both you and your mother. File free tax extension Only one of you can claim each child. File free tax extension However, if your mother's AGI is higher than yours, you can allow your mother to claim one or more of the children. File free tax extension For example, if you claim one child, your mother can claim the other two. File free tax extension Example 5—taxpayer who is a qualifying child. File free tax extension The facts are the same as in Example 1 except that you are only 18 years old. File free tax extension This means you are a qualifying child of your mother. File free tax extension Because of Rule 10, discussed next, you cannot claim the EIC and cannot claim your son as a qualifying child. File free tax extension Only your mother may be able to treat Jimmy as a qualifying child to claim the EIC. File free tax extension If your mother meets all the other requirements for claiming the EIC and you do not claim Jimmy as a qualifying child for any of the other tax benefits listed earlier, your mother can claim both you and Jimmy as qualifying children for the EIC. File free tax extension Example 6—grandparent with too much earned income to claim EIC. File free tax extension The facts are the same as in Example 1 except that your mother earned $50,000 from her job. File free tax extension Because your mother's earned income is too high for her to claim the EIC, only you can claim the EIC using your son. File free tax extension Example 7—parent with too much earned income to claim EIC. File free tax extension The facts are the same as in Example 1 except that you earned $50,000 from your job and your AGI is $50,500. File free tax extension Your earned income is too high for you to claim the EIC. File free tax extension But your mother cannot claim the EIC either, because her AGI is not higher than yours. File free tax extension Example 8—child lived with both parents and grandparent. File free tax extension The facts are the same as in Example 1 except that you and Jimmy's father are married to each other, live with Jimmy and your mother, and have AGI of $30,000 on a joint return. File free tax extension If you and your husband do not claim Jimmy as a qualifying child for the EIC or any of the other tax benefits listed earlier, your mother can claim him instead. File free tax extension Even though the AGI on your joint return, $30,000, is more than your mother's AGI of $20,000, for this purpose half of the joint AGI can be treated as yours and half as your husband's. File free tax extension In other words, each parent's AGI can be treated as $15,000. File free tax extension Example 9—separated parents. File free tax extension You, your husband, and your 10-year-old son Joey lived together until August 1, 2013, when your husband moved out of the household. File free tax extension In August and September, Joey lived with you. File free tax extension For the rest of the year, Joey lived with your husband, who is Joey's father. File free tax extension Joey is a qualifying child of both you and your husband because he lived with each of you for more than half the year and because he met the relationship, age, and joint return tests for both of you. File free tax extension At the end of the year, you and your husband still were not divorced, legally separated, or separated under a written separation agreement, so the Special rule for divorced or separated parents (or parents who live apart) does not apply. File free tax extension You and your husband will file separate returns. File free tax extension Your husband agrees to let you treat Joey as a qualifying child. File free tax extension This means, if your husband does not claim Joey as a qualifying child for any of the tax benefits listed earlier, you can claim him as a qualifying child for any tax benefit listed earlier for which you qualify. File free tax extension However, your filing status is married filing separately, so you cannot claim the EIC or the credit for child and dependent care expenses. File free tax extension See Rule 3. File free tax extension Example 10—separated parents claim same child. File free tax extension The facts are the same as in Example 9 except that you and your husband both claim Joey as a qualifying child. File free tax extension In this case, only your husband will be allowed to treat Joey as a qualifying child. File free tax extension This is because, during 2013, the boy lived with him longer than with you. File free tax extension You cannot claim the EIC (either with or without a qualifying child). File free tax extension However, your husband's filing status is married filing separately, so he cannot claim the EIC or the credit for child and dependent care expenses. File free tax extension See Rule 3. File free tax extension Example 11—unmarried parents. File free tax extension You, your 5-year-old son, and your son's father lived together all year. File free tax extension You and your son's father are not married. File free tax extension Your son is a qualifying child of both you and his father because he meets the relationship, age, residency, and joint return tests for both you and his father. File free tax extension Your earned income and AGI are $12,000, and your son's father's earned income and AGI are $14,000. File free tax extension Neither of you had any other income. File free tax extension Your son's father agrees to let you treat the child as a qualifying child. File free tax extension This means, if your son's father does not claim your son as a qualifying child for the EIC or any of the other tax benefits listed earlier, you can claim him as a qualifying child for the EIC and any of the other tax benefits listed earlier for which you qualify. File free tax extension Example 12—unmarried parents claim same child. File free tax extension The facts are the same as in Example 11 except that you and your son's father both claim your son as a qualifying child. File free tax extension In this case, only your son's father will be allowed to treat your son as a qualifying child. File free tax extension This is because his AGI, $14,000, is more than your AGI, $12,000. File free tax extension You cannot claim the EIC (either with or without a qualifying child). File free tax extension Example 13—child did not live with a parent. File free tax extension You and your 7-year-old niece, your sister's child, lived with your mother all year. File free tax extension You are 25 years old, and your AGI is $9,300. File free tax extension Your only income was from a part-time job. File free tax extension Your mother's AGI is $15,000. File free tax extension Her only income was from her job. File free tax extension Your niece's parents file jointly, have an AGI of less than $9,000, and do not live with you or their child. File free tax extension Your niece is a qualifying child of both you and your mother because she meets the relationship, age, residency, and joint return tests for both you and your mother. File free tax extension However, only your mother can treat her as a qualifying child. File free tax extension This is because your mother's AGI, $15,000, is more than your AGI, $9,300. File free tax extension Special rule for divorced or separated parents (or parents who live apart). File free tax extension   A child will be treated as the qualifying child of his or her noncustodial parent (for purposes of claiming an exemption and the child tax credit, but not for the EIC) if all of the following statements are true. File free tax extension The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all time during the last 6 months of 2013, whether or not they are or were married. File free tax extension The child received over half of his or her support for the year from the parents. File free tax extension The child is in the custody of one or both parents for more than half of 2013. File free tax extension Either of the following statements is true. File free tax extension The custodial parent signs Form 8332 or a substantially similar statement that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches the form or statement to his or her return. File free tax extension If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. File free tax extension A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 provides that the noncustodial parent can claim the child as a dependent, and the noncustodial parent provides at least $600 for support of the child during 2013. File free tax extension For details, see Publication 501. File free tax extension Also see Applying Rule 9 to divorced or separated parents (or parents who live apart), next. File free tax extension Applying Rule 9 to divorced or separated parents (or parents who live apart). File free tax extension   If a child is treated as the qualifying child of the noncustodial parent under the special rule just described for children of divorced or separated parents (or parents who live apart), only the noncustodial parent can claim an exemption and the child tax credit for the child. File free tax extension However, the custodial parent, if eligible, or another eligible taxpayer can claim the child as a qualifying child for the EIC and other tax benefits listed earlier in this chapter. File free tax extension If the child is the qualifying child of more than one person for these benefits, then the tiebreaker rules determine which person can treat the child as a qualifying child. File free tax extension Example 1. File free tax extension You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. File free tax extension Your AGI is $10,000. File free tax extension Your mother’s AGI is $25,000. File free tax extension Your son's father did not live with you or your son. File free tax extension Under the Special rule for divorced or separated parents (or parents who live apart), your son is treated as the qualifying child of his father, who can claim an exemption and the child tax credit for the child. File free tax extension However, your son's father cannot claim your son as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the EIC. File free tax extension You and your mother did not have any child care expenses or dependent care benefits. File free tax extension If you do not claim your son as a qualifying child, your mother can claim him as a qualifying child for the EIC and head of household filing status, if she qualifies for these tax benefits. File free tax extension Example 2. File free tax extension The facts are the same as in Example 1 except that your AGI is $25,000 and your mother's AGI is $21,000. File free tax extension Your mother cannot claim your son as a qualifying child for any purpose because her AGI is not higher than yours. File free tax extension Example 3. File free tax extension The facts are the same as in Example 1 except that you and your mother both claim your son as a qualifying child for the EIC. File free tax extension Your mother also claims him as a qualifying child for head of household filing status. File free tax extension You as the child's parent will be the only one allowed to claim your son as a qualifying child for the EIC. File free tax extension The IRS will disallow your mother's claim to the EIC and head of household filing status unless she has another qualifying child. File free tax extension Rule 10—You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. File free tax extension ) if all of the following statements are true. File free tax extension You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. File free tax extension Or, you are that person's brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. File free tax extension You were: Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly), Under age 24 at the end of the year, a student, and younger than that person (or that person's spouse, if the person files jointly), or Permanently and totally disabled, regardless of age. File free tax extension You lived with that person in the United States for more than half of the year. File free tax extension You are not filing a joint return for the year (or are filing a joint return only to claim a refund of withheld income tax or estimated tax paid). File free tax extension For more details about the tests to be a qualifying child, see Rule 8. File free tax extension If you are a qualifying child of another taxpayer, you cannot claim the EIC. File free tax extension 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. File free tax extension Put “No” beside line 64a (Form 1040) or line 38a (Form 1040A). File free tax extension Example. File free tax extension You and your daughter lived with your mother all year. File free tax extension You are 22 years old, unmarried, and attended a trade school full time. File free tax extension You had a part-time job and earned $5,700. File free tax extension You had no other income. File free tax extension Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother. File free tax extension She can claim the EIC if she meets all the other requirements. File free tax extension Because you are your mother's qualifying child, you cannot claim the EIC. File free tax extension This is so even if your mother cannot or does not claim the EIC. File free tax extension Child of person not required to file a return. File free tax extension   You are not the qualifying child of another taxpayer (and so may qualify to claim the EIC) if the person for whom you met the relationship, age, residency, and joint return tests is not required to file an income tax return and either: Does not file an income tax return, or Files a return only to get a refund of income tax withheld or estimated tax paid. File free tax extension Example 1—return not required. File free tax extension The facts are the same as in the last example except your mother had no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. File free tax extension As a result, you are not your mother's qualifying child. File free tax extension You can claim the EIC if you meet all the other requirements to do so. File free tax extension Example 2—return filed to get refund of tax withheld. File free tax extension The facts are the same as in Example 1 except your mother had wages of $1,500 and had income tax withheld from her wages. File free tax extension She files a return only to get a refund of the income tax withheld and does not claim the EIC or any other tax credits or deductions. File free tax extension As a result, you are not your mother's qualifying child. File free tax extension You can claim the EIC if you meet all the other requirements to do so. File free tax extension Example 3—return filed to get EIC. File free tax extension The facts are the same as in Example 2 except your mother claimed the EIC on her return. File free tax extension Since she filed the return to get the EIC, she is not filing it only to get a refund of income tax withheld. File free tax extension As a result, you are your mother's qualifying child. File free tax extension You cannot claim the EIC. File free tax extension 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. File free tax extension This chapter discusses Rules 11 through 14. File free tax extension 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. File free tax extension You can file Form 1040, Form 1040A, or Form 1040EZ to claim the EIC without a qualifying child. File free tax extension If you meet all the rules in chapter 1 and this chapter, read chapter 4 to find out what to do next. File free tax extension If you have a qualifying child. File free tax extension   If you meet Rule 8, you have a qualifying child. File free tax extension If you meet Rule 8 and do not claim the EIC with a qualifying child, you cannot claim the EIC without a qualifying child. File free tax extension 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 2013. File free tax extension 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 2013. File free tax extension It does not matter which spouse meets the age test, as long as one of the spouses does. File free tax extension You meet the age test if you were born after December 31, 1948, and before January 2, 1989. File free tax extension If you are married filing a joint return, you meet the age test if either you or your spouse was born after December 31, 1948, and before January 2, 1989. File free tax extension If neither you nor your spouse meets the age test, you cannot claim the EIC. File free tax extension Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File free tax extension Death of spouse. File free tax extension   If you are filing a joint return with your spouse who died in 2013, you meet the age test if your spouse was at least age 25 but under age 65 at the time of death. File free tax extension Example 1. File free tax extension You are age 28 and unmarried. File free tax extension You meet the age test. File free tax extension Example 2—spouse meets age test. File free tax extension You are married and filing a joint return. File free tax extension You are age 23 and your spouse is age 27. File free tax extension You meet the age test because your spouse is at least age 25 but under age 65. File free tax extension Example 3—spouse dies in 2013. File free tax extension You are married and filing a joint return with your spouse who died in August 2013. File free tax extension You are age 67. File free tax extension Your spouse would have become age 65 in November 2013. File free tax extension Because your spouse was under age 65 when she died, you meet the age test. File free tax extension 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 $10,000 on that line. File free tax extension 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 $20,000 on that line. File free tax extension If you are not sure whether someone else can claim you as a dependent, get Publication 501 and read the rules for claiming a dependent. File free tax extension If someone else can claim you as a dependent on his or her return, but does not, you still cannot claim the credit. File free tax extension Example 1. File free tax extension In 2013, you were age 25, single, and living at home with your parents. File free tax extension You worked and were not a student. File free tax extension You earned $7,500. File free tax extension Your parents cannot claim you as a dependent. File free tax extension 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 $10,000 on that line. File free tax extension You meet this rule. File free tax extension You can claim the EIC if you meet all the other requirements. File free tax extension Example 2. File free tax extension The facts are the same as in Example 1, except that you earned $2,000. File free tax extension Your parents can claim you as a dependent but decide not to. File free tax extension You do not meet this rule. File free tax extension You cannot claim the credit because your parents could have claimed you as a dependent. File free tax extension Joint returns. File free tax extension   You generally cannot be claimed as a dependent by another person if you are married and file a joint return. File free tax extension   However, another person may be able to claim you as a dependent if you and your spouse file a joint return merely to claim a refund of income tax withheld or estimated tax paid. File free tax extension But neither you nor your spouse can be claimed as a dependent by another person if you claim the EIC on your joint return. File free tax extension Example 1—return filed to get refund of tax withheld. File free tax extension You are 26 years old. File free tax extension You and your wife live with your parents and had $800 of wages from part-time jobs and no other income. File free tax extension Neither you nor your wife is required to file a tax return. File free tax extension You do not have a child. File free tax extension Taxes were taken out of your pay so you file a joint return only to get a refund of the withheld taxes. File free tax extension Your parents are not disqualified from claiming an exemption for you just because you filed a joint return. File free tax extension They can claim exemptions for you and your wife if all the other tests to do so are met. File free tax extension Example 2—return filed to get EIC. File free tax extension The facts are the same as in Example 1except no taxes were taken out of your pay. File free tax extension Also, you and your wife are not required to file a tax return, but you file a joint return to claim an EIC of $63 and get a refund of that amount. File free tax extension Because claiming the EIC is your reason for filing the return, you are not filing it only to claim a refund of income tax withheld or estimated tax paid. File free tax extension Your parents cannot claim an exemption for either you or your wife. File free tax extension Rule 13—You Cannot Be a Qualifying Child of Another Taxpayer You are a qualifying child of another taxpayer (your parent, guardian, foster parent, etc. File free tax extension ) if all of the following statements are true. File free tax extension You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. File free tax extension Or, you are that person's brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. File free tax extension You were: Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly), Under age 24 at the end of the year, a student, and younger than that person (or that person's spouse, if the person files jointly), or Permanently and totally disabled, regardless of age. File free tax extension You lived with that person in the United States for more than half of the year. File free tax extension You are not filing a joint return for the year (or are filing a joint return only to claim a refund of withheld income tax or estimated tax paid). File free tax extension For more details about the tests to be a qualifying child, see Rule 8. File free tax extension If you are a qualifying child of another taxpayer, you cannot claim the EIC. File free tax extension 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. File free tax extension Put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File free tax extension Example. File free tax extension You lived with your mother all year. File free tax extension You are age 26, unmarried, and permanently and totally disabled. File free tax extension Your only income was from a community center where you went three days a week to answer telephones. File free tax extension You earned $5,000 for the year and provided more than half of your own support. File free tax extension Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother for the EIC. File free tax extension She can claim the EIC if she meets all the other requirements. File free tax extension Because you are a qualifying child of your mother, you cannot claim the EIC. File free tax extension This is so even if your mother cannot or does not claim the EIC. File free tax extension Joint returns. File free tax extension   You generally cannot be a qualifying child of another taxpayer if you are married and file a joint return. File free tax extension   However, you may be a qualifying child of another taxpayer if you and your spouse file a joint return merely to claim a refund of income tax withheld or estimated tax paid. File free tax extension But neither you nor your spouse can be a qualifying child of another taxpayer if you claim the EIC on your joint return. File free tax extension Child of person not required to file a return. File free tax extension   You are not the qualifying child of another taxpayer (and so may qualify to claim the EIC) if the person for whom you meet the relationship, age, residency, and joint return tests is not required to file an income tax return and either: Does not file an income tax return, or Files a return only to get a refund of income tax withheld or estimated tax paid. File free tax extension Example 1—return not required. File free tax extension You lived all year with your father. File free tax extension You are 27 years old, unmarried, permanently and totally disabled, and earned $13,000. File free tax extension You have no other income, no children, and provided more than half of your own support. File free tax extension Your father had no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. File free tax extension As a result, you are not your father's qualifying child. File free tax extension You can claim the EIC if you meet all the other requirements to do so. File free tax extension Example 2—return filed to get refund of tax withheld. File free tax extension The facts are the same as in Example 1 except your father had wages of $1,500 and had income tax withheld from his wages. File free tax extension He files a return only to get a refund of the income tax withheld and does not claim the EIC or any other tax credits or deductions. File free tax extension As a result, you are not your father's qualifying child. File free tax extension You can claim the EIC if you meet all the other requirements to do so. File free tax extension Example 3—return filed to get EIC. File free tax extension The facts are the same as in Example 2 except your father claimed the EIC on his return. File free tax extension Since he filed the return to get the EIC, he is not filing it only to get a refund of income tax withheld. File free tax extension As a result, you are your father's qualifying child. File free tax extension You cannot claim the EIC. File free tax extension 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. File free tax extension If it was not, put “No” next to line 64a (Form 1040), line 38a (Form 1040A), or line 8a (Form 1040EZ). File free tax extension United States. File free tax extension   This means the 50 states and the District of Columbia. File free tax extension It does not include Puerto Rico or U. File free tax extension S. File free tax extension possessions such as Guam. File free tax extension Homeless shelter. File free tax extension   Your home can be any location where you regularly live. File free tax extension You do not need a traditional home. File free tax extension If you lived in one or more homeless shelters in the United States for more than half the year, you meet this rule. File free tax extension Military personnel stationed outside the United States. File free tax extension   U. File free tax extension S. File free tax extension military personnel stationed outside the United States on extended active duty (defined in chapter 2) are considered to live in the United States during that duty period for purposes of the EIC. File free tax extension Chapter 4—Figuring and Claiming the EIC You must meet one more rule to claim the EIC. File free tax extension You need to know the amount of your earned income to see if you meet the rule in this chapter. File free tax extension You also need to know that amount to figure your EIC. File free tax extension Rule 15—Earned Income Limits Your earned income must be less than: $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children, $43,038 ($48,378 for married filing jointly) if you have two qualifying children, $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. File free tax extension Earned Income Earned income generally means wages, salaries, tips, other taxable employee pay, and net earnings from self-employment. File free tax extension Employee pay is earned income only if it is taxable. File free tax extension Nontaxable employee pay, such as certain dependent care benefits and adoption benefits, is not earned income. File free tax extension But there is an exception for nontaxable combat pay, which you can choose to include in earned income. File free tax extension Earned income is explained in detail in Rule 7 in chapter 1. File free tax extension Figuring earned income. File free tax extension   If you are self-employed, a statutory employee, or a member of the clergy or a church employee who files Schedule SE (Form 1040), you will figure your earned income when you fill out Part 4 of EIC Worksheet B in the Form 1040 instructions. File free tax extension   Otherwise, figure your earned income by using the worksheet in Step 5 of the Form 1040 instructions for lines 64a and 64b or the Form 1040A instructions for lines 38a and 38b, or the worksheet in Step 2 of the Form 1040EZ instructions for lines 8a and 8b. File free tax extension   When using one of those worksheets to figure your earned income, you will start with the amount on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ). File free tax extension You will then reduce that amount by any amount included on that line and described in the following list. File free tax extension Scholarship or fellowship grants not reported on a Form W-2. File free tax extension A scholarship or fellowship grant that was not reported to you on a Form W-2 is not considered earned income for the earned income credit. File free tax extension Inmate's income. File free tax extension Amounts received for work performed while an inmate in a penal institution are not earned income for the earned income credit. File free tax extension This includes amounts received for work performed while in a work release program or while in a halfway house. File free tax extension If you received any amount for work done while an inmate in a penal institution and that amount is included in the total on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ), put “PRI” and the amount on the dotted line next to line 7 (Form 1040), in the space to the left of the entry space for line 7 (Form 1040A), or in the space to the left of line 1 (Form 1040EZ). File free tax extension Pension or annuity from deferred compensation plans. File free tax extension A pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan is not considered earned income for the earned income credit. File free tax extension If you received such an amount and it was included in the total on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ), put “DFC” and the amount on the dotted line next to line 7 (Form 1040), in the space to the left of the entry space for line 7 (Form 1040A), or in the space to the left of line 1 (Form 1040EZ). File free tax extension This amount may be reported in box 11 of your Form W-2. File free tax extension If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or an annuity. File free tax extension Clergy. File free tax extension   If you are a member of the clergy who files Schedule SE and the amount on line 2 of that schedule includes an amount that was also re
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Understanding Your CP104 Notice

We made changes to your excise tax return because we believe there was a miscalculation. As a result of these changes, there is a balance due.


What you need to do

  • Read your notice carefully — it explains the changes to your tax account.
  • Compare the figures on the notice with your excise tax return.
  • If you disagree with our change(s), contact us within 10 days from the date of your notice.
  • If you agree with our change(s), correct the copy of your excise tax return that you kept for your records.
  • Make your payment by your due date.
  • If you can’t pay the amount you owe, go to the payments page to find out more about your payment options.

You may want to

  • Download copies of the following materials (if they weren’t included with your notice).

 


Answers to Common Questions

Q. How can I find out what caused my tax return to change?

A. Please contact us at the toll free number listed on the top right corner of your notice for specific information about your tax return.

Q. What should I do if I disagree with the changes you made?

A. If you disagree, contact us at the toll free number listed on the top right corner of your notice or respond in writing within 10 days from the date of the notice. If your response provides us with additional information that justifies a reversal of the change, we’ll reverse the change we made to your account. If you agree with the change, please pay any additional balance due by the date specified in the notice.

Q. What happens if I can’t pay the full amount I owe?

A. You can arrange to make a payment plan with us if you can’t pay the full amount you owe. Go to the payments page to find out more about your payment options.

Q. Am I charged interest on the money I owe?

A. Not if you pay the full amount you owe by the date specified on the notice. However, interest accrues on the unpaid balance after that date.

Q. Will I receive a penalty if I can’t pay the full amount?

A. Yes, you will receive a late payment penalty. You can contact us at the number given on your notice if you’re unable to pay the full amount shown in your specific notice because of circumstances beyond your control. Contact us by the due date of your payment and, depending on your situation, we may be able to remove the penalty.


Tips for next year

Consider filing your excise taxes electronically. Filing online can help you to avoid mistakes and find credits and deductions for which you may qualify. Learn more about e-file.

Page Last Reviewed or Updated: 23-Jan-2014

How to get help

  • Call the 1-800 number listed on the top right corner of your notice.
  • Authorize someone (e.g., accountant) to contact the IRS on your behalf using Form 2848.
  • See if you qualify for help from a Low Income Taxpayer Clinic.
     

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