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What Disqualifies You from Earned Income Credit?

Published in Earned Income Credit Disqualification 4 mins read

Several factors can disqualify you from claiming the Earned Income Tax Credit (EITC), a valuable tax credit for low-to-moderate-income working individuals and families. The primary reasons relate to your income level, the source of your income, your filing status, and your Social Security Number status.

Key Disqualifying Factors

Understanding these criteria is essential to determine your eligibility for the EITC. Here's a breakdown of the most common disqualifiers:

1. Exceeding Income Thresholds

The EITC is designed to support lower-income individuals and families. If your earned income or adjusted gross income (AGI) exceeds the limits set by the IRS for the tax year, you will not qualify. These limits vary based on your filing status (single, married filing jointly, etc.) and the number of qualifying children you have. The income limits are updated annually by the IRS.

2. Excessive Investment Income

Even if your earned income is below the threshold, having too much investment income can disqualify you. For example, for the 2023 tax year, if your investment income exceeded \$11,000, you would not qualify for the EITC, regardless of your earned income.

Types of Disqualifying Investment Income Include:

  • Taxable and tax-exempt interest
  • Dividends
  • Child's interest and dividend income (even if reported on your return)
  • Child's tax-exempt interest
  • Net rental and royalty income
  • Net capital gain income
  • Other portfolio income

This rule ensures the credit primarily benefits those whose income comes from employment or self-employment rather than significant investment holdings.

3. Ineligible Filing Status

Your tax filing status plays a crucial role in EITC eligibility. You generally cannot claim the EITC if you file as:

  • Married Filing Separately: This status almost always disqualifies you from the EITC.
  • Qualifying Widow(er) with Dependent Child: While often eligible for other credits, specific EITC rules apply.

Most eligible claimants file as Single, Head of Household, or Married Filing Jointly.

4. Lack of Valid Social Security Number (SSN)

To claim the EITC, you, your spouse (if filing jointly), and any qualifying child must each have a valid Social Security Number issued by the Social Security Administration (SSA) by the due date of your tax return (including extensions). An Individual Taxpayer Identification Number (ITIN) is not acceptable for EITC purposes.

5. Not Having Earned Income

The "earned" in Earned Income Tax Credit is literal. You must have earned income from employment (e.g., wages, salaries, tips) or self-employment (e.g., net earnings from a business or farm) to qualify. Income from sources like unemployment benefits, Social Security benefits, or public assistance does not count as earned income for EITC purposes.

6. Not Being a U.S. Citizen or Resident Alien All Year

Generally, you must be a U.S. citizen or a resident alien for the entire tax year. If you file Form 2555, Foreign Earned Income Exclusion, or Form 2555-EZ, Foreign Earned Income Exclusion (FEIE), you typically cannot claim the EITC.

7. Not Meeting Qualifying Child Rules (if claiming children)

If you are claiming the EITC with qualifying children, each child must meet specific criteria related to:

  • Age: They must be under a certain age (e.g., generally under 19, or under 24 if a full-time student, or any age if permanently and totally disabled).
  • Relationship: They must be your child (biological, adopted, or foster), stepchild, grandchild, or sibling (or descendant of one).
  • Residency: They must have lived with you for more than half the year in the United States.

For a comprehensive guide to EITC eligibility, including the most current income limits and detailed requirements, visit the official IRS Earned Income Tax Credit (EITC) webpage.

Summary of Disqualifiers

The table below summarizes common reasons for EITC disqualification:

Disqualification Category Specific Reasons
Income - Earned income or AGI exceeds annual IRS limits
- Investment income exceeds annual IRS limit (e.g., taxable/tax-exempt interest, dividends, net rental/royalty, net capital gain, other portfolio income)
- No earned income
Filing Status - Married Filing Separately
Identification - Taxpayer, spouse, or qualifying child lacks a valid Social Security Number (SSN)
Residency/Citizenship - Not a U.S. citizen or resident alien for the entire year
- Claiming foreign earned income exclusion
Qualifying Child (if any) - Child does not meet age, relationship, or residency tests

If you believe you might qualify for the EITC, it's always advisable to use the IRS's EITC Assistant tool or consult a tax professional to ensure you meet all the requirements.