Earned Income Credit

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First, the taxpayer must meet all rules in column "Part A." Second, the taxpayer must meet all rules in column "Part B" or "Part C" whichever applies.

PART A

Rules for Everyone

• The taxpayer’s adjusted gross income (AGI) must be less than:
- $119,104 ($26,214 if Married Filing Jointly) if the taxpayer does not have a qualifying child
- $50,434 ($64,430 if Married Filing Jointly) if the taxpayer has one qualifying child
- $61,555 ($59,478 if Married Filing Jointly) if the taxpayer has two qualifying children
- $56,838 ($68,675 if Married Filing Jointly) if the taxpayer has three or more qualifying children

• The taxpayer must have a valid Social Security Number.

• The taxpayer’s filing status cannot be Married Filing Separately unless the taxpayer lived with a qualifying child for over half the year and meets the other qualifications in the next column.

• The taxpayer must be a U.S. citizen, full-year resident alien, or nonresident alien filing a Married Filing Jointly return.

• The taxpayer cannot file Form 2555 (relating to foreign earned income).

• The taxpayer’s investment income must be $11,000 or less.

• The taxpayer must have earned income.

PART B

Rules if the Taxpayer Has a
Qualifying Child

• The taxpayer’s child must have a Social Security Number that is valid for employment and issued before the due date of the return (including extensions).

• The taxpayer’s child must meet the relationship, age, and residency tests.

• The taxpayer’s qualifying child cannot be used by more than one person to claim the EIC.

• The taxpayer cannot be a qualifying child of another taxpayer.

• If filing a Married Filing Separately return, the taxpayer must have either:
- Lived apart from their spouse for the last six months of the tax year
- Lived apart from their spouse by the end of the tax year and also be legally separated according to state law under a written separation agreement or a decree of separate maintenance

PART C

Rules if the Taxpayer Does Not Have a Qualifying Child

• The taxpayer must be at least age 25 but under age 65.

• The taxpayer cannot be the dependent of another person.

• The taxpayer cannot be a qualifying child of another taxpayer.

• The taxpayer must have lived in the United States more than half of the year.