skip navigation

Search Help
Navigation Help

Topic Index
ABCDEFGHI
JKLMNOPQR
STUVWXYZ#

FAQs
Forms
Publications
Tax Topics

Comments
About Tax Map

IRS.gov Website
Publication 17
taxmap/pub17/p17-183.htm#en_us_publink1000174790

Part C. Rules 
If You Do Not Have 
a Qualifying Child(p240)

rule
Read this part if you:
  1. Do not have a qualifying child, and
  2. Have met all the rules in Part A.
 
Part C discusses Rules 11 through 14. You must meet all four of these rules, in addition to the rules in Parts A and D, to qualify for the earned income credit without a qualifying child.
EIC
If you have a qualifying child, the rules in this part do not apply to you. You can claim the credit only if you meet all the rules in Parts A, B, and D. See Rule 8 to find out if you have a qualifying child.
taxmap/pub17/p17-183.htm#en_us_publink1000174797

Rule 11. You Must Be at Least Age 25 but Under  
Age 65(p240)

rule
You must be at least age 25 but under age 65 at the end of 2010. 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 2010. It does not matter which spouse meets the age test, as long as one of the spouses does.
If neither you nor your spouse meets the age test, you cannot claim the EIC. Put "No" next to line 64a (Form 1040), line 41a (Form 1040A), or line 9a (Form 1040EZ).
taxmap/pub17/p17-183.htm#en_us_publink1000210366

Death of spouse.(p240)

rule
If you are filing a joint return with your spouse who died in 2010, you meet the age test if your spouse was at least age 25 but under age 65 at the time of death.
taxmap/pub17/p17-183.htm#en_us_publink1000174798

Example 1.(p240)

You are age 28 and unmarried. You meet the age test.
taxmap/pub17/p17-183.htm#en_us_publink1000174799

Example 2.(p240)

You are married and filing a joint return. You are age 23 and your spouse is age 27. You meet the age test because your spouse is at least age 25 but under age 65.
taxmap/pub17/p17-183.htm#en_us_publink1000210367

Example 3.(p240)

You are married and filing a joint return with your spouse who died in August 2010. You are age 67. Your spouse would have been age 65 in November 2010. Because your spouse was under age 65 when she died, you meet the age test.
taxmap/pub17/p17-183.htm#en_us_publink1000174800

Rule 12. You Cannot Be the Dependent of Another Person(p240)

rule
If you are not filing a joint return, you meet this rule if:
If you are filing a joint return, you meet this rule if:
If you are not sure whether someone else can claim you (or your spouse if filing a joint return) as a dependent, read the rules for claiming a dependent in chapter 3.
If someone else can claim you (or your spouse if filing a joint return) as a dependent on his or her return, but does not, you still cannot claim the credit.
taxmap/pub17/p17-183.htm#en_us_publink1000174801

Example 1.(p240)

In 2010, you were age 25, single, and living at home with your parents. You worked and were not a student. You earned $7,500. Your parents cannot claim you as a dependent. When you file your return, you claim an exemption for yourself by not checking the "You" box on line 5 of your Form 1040EZ and by entering $9,350 on that line. You meet this rule.
taxmap/pub17/p17-183.htm#en_us_publink1000174802

Example 2.(p240)

The facts are the same as in Example 1, except that you earned $2,000. Your parents can claim you as a dependent but decide not to. You do not meet this rule. You cannot claim the credit because your parents could have claimed you as a dependent.
taxmap/pub17/p17-183.htm#en_us_publink1000174803

Rule 13. You Cannot Be a Qualifying Child of Another Person(p240)

rule
You are a qualifying child of another person (your parent, guardian, foster parent, etc.) if all of the following statements are true.
  1. You are that person's son, daughter, stepchild, grandchild, or foster child. Or, you are that person's brother, sister, half brother, half sister, stepbrother, or stepsister (or the child or grandchild of that person's brother, sister, half brother, half sister, stepbrother, or stepsister).
  2. You were:
    1. Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly),
    2. Under age 24 at the end of the year, a student (as defined in Rule 8), and younger than that person (or that person's spouse, if the person files jointly), or
    3. Permanently and totally disabled, regardless of age.
  3. You lived with that person in the United States for more than half of the year.
  4. You are not filing a joint return for the year (or are filing a joint return only as a claim for refund).
For more details about the tests to be a qualifying child, see Rule 8.
If you (or your spouse if filing a joint return) are a qualifying child of another person, you cannot claim the EIC. This is true even if the person for whom you are a qualifying child does not claim the EIC or meet all of the rules to claim the EIC. Put "No" next to line 64a (Form 1040), line 41a (Form 1040A), or line 9a (Form 1040EZ).
taxmap/pub17/p17-183.htm#en_us_publink1000174804

Example.(p241)

You lived with your mother all year. You are age 26, unmarried, and permanently and totally disabled. Your only income was from a community center where you went three days a week to answer telephones. You earned $5,000 for the year and provided more than half of your own support. Because you meet the relationship, age, residency, and joint return tests, you are a qualifying child of your mother for the EIC. She can claim the EIC if she meets all the other requirements. Because you are a qualifying child of your mother, you cannot claim the EIC. This is so even if your mother cannot or does not claim the EIC.
taxmap/pub17/p17-183.htm#en_us_publink1000174805

Rule 14. You Must Have Lived in the United States More Than Half of the Year(p241)

rule
Your home (and your spouse's, if filing a joint return) must have been in the United States for more than half the year.
If it was not, put "No" next to line 64a (Form 1040), line 41a (Form 1040A), or line 9a (Form 1040EZ).
taxmap/pub17/p17-183.htm#en_us_publink1000174806

United States.(p241)

rule
This means the 50 states and the District of Columbia. It does not include Puerto Rico or U.S. possessions such as Guam.
taxmap/pub17/p17-183.htm#en_us_publink1000174807

Homeless shelter.(p241)

rule
Your home can be any location where you regularly live. You do not need a traditional home. If you lived in one or more homeless shelters in the United States for more than half the year, you meet this rule.
taxmap/pub17/p17-183.htm#en_us_publink1000174808

Military personnel stationed outside the United States.(p241)

rule
U.S. military personnel stationed outside the United States on extended active duty (defined in Rule 8), are considered to live in the United States during that duty period for purposes of the EIC.