EIC Clarification

[rfk]

Just want 2 heads are better than 1 on this:

EIC requirement that the child be a full-time student; if child was a full-time student up until June 2011, 19 years old before Dec. 31, half-time student this quarter (Sept. to Dec.) should the dependent be considered an EIC dependent? I think not, but I thought I read something that said at least 5 months during the year.

I know that these situations are fraught with penalties, but wondering as a rule about this. Dependent can't get full-time status at college because of school budget and class availability issues at this time.

Thanks for your help in advance.

rfk

[BP.]

You did read something about 5 months, and here's the language from the EIC pub 596:

"Student defined. 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.

The 5 calendar months need not be consecutive.

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."

So, they'll qualify.

[rfk]

Thanks, BP

Makes perfect sense to me, but I needed another person to run it by. Sometimes our brains go in circles on thoughts, yet there is a straight answer.

rfk

[OtisMozzetti]

Makes perfect sense to me, but I needed another person to run it by. Sometimes our brains go in circles on thoughts, yet there is a straight answer.

rfk

At least half the normal load, as defined by the educational institution, is what defines full-time student which they must be for some part of 5 months of the year. Keep in mind that the student who might be a QC must not have paid more than half of their own support.

[Gary2]

At least half the normal load, as defined by the educational institution, is what defines full-time student which they must be for some part of 5 months of the year. Keep in mind that the student who might be a QC must not have paid more than half of their own support.

Except that there is no support requirement for EIC.

[dtlee]

At least half the normal load, as defined by the educational institution, is what defines full-time student which they must be for some part of 5 months of the year.

Not sure what this is referencing.

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. Section 1.151-3(b) of the regulations provides, in part, that for purposes of section 151(e) of the Code, a full-time student is one who is enrolled for some part of five calendar months for the number of hours or courses which is considered to be full-time attendance. School attendance exclusively at night does not constitute full-time attendance. However, full-time attendance at an educational institution may include some attendance at night in connection with a full-time course of study.

The rules for half the normal load apply to American Opportunity Credit (AOC) which is different from the Earned Income Credit (EIC).

[OtisMozzetti]

Gary2 is correct!

Except that there is no support requirement for EIC.

Gary2, you are absolutely correct that the QC requirement for EITC does NOT include the support requirement. My apology!