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Does Client Get EIC?

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    Does Client Get EIC?

    Single man, 27 years old with $600 of earned income and $2,000 of unearned income. Lives with significant other who supports him. For some reason she does not claim him as a dependent but clearly could. One test says you can't be a dependent of another taxpayer. My guy qualifies as a dependent but is not claimed as such. Does he get EIC or not? He passes all other tests for eligibility.

    #2
    Originally posted by Kram BergGold View Post
    One test says you can't be a dependent of another taxpayer. My guy qualifies as a dependent but is not claimed as such. Does he get EIC or not?
    To answer your question, read your own two statements of fact immediately preceding. He is a dependent whether or not some else claims him (see instructions for Box 6a on Form 1040).

    If that still doesn't help, consider this text from Pub 17 (doesn't anyone use Pub 17 anymore? At least the first year H&R tax pros have that in their favor).

    "If someone else can claim you (or your spouse, if filing a joint return) as a dependent on his or her return, but doesn't, you still cannot claim the credit."

    Lastly, as you fill out Form 8867, you must answer whether you filled in the eligibility worksheets, such as "EIC Eligibility Checklist", the forms and instructions. The eligibility worksheet details this same test.
    Last edited by Rapid Robert; 03-19-2018, 04:18 PM.
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

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      #3
      Thanks Robert

      That was the direction I was leaning towards but ini 40 + years I had never encountered it so I thought it best to see if someone else was sure of the answer.

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