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    EIC Brain fart

    My taxpayers have a disabled sister living with them, and they usually qualify for EIC.
    This year, I see that the sister had some stock sales for about $20k (gross, not net).

    Is there a gross income test to pass for a disabled sister dependent?
    Or does she fall into the same rules for dependent child, as I read this:

    Qualifying Child
    For purposes of the Earned Income Credit, a child must
    meet all of the following four tests.
    1) Relationship. The child must be the taxpayer’s son,
    daughter, stepchild, foster child, or a descendant
    of any of them (for example, a grandchild), or
    brother, sister, half brother, half sister, stepbrother,
    stepsister, or a descendant of any of
    them (for example, niece or nephew).
    2) Age. The child must be under age 19 at the end of 2012, and
    younger than the taxpayer (or spouse if filing jointly); under age
    24 at the end of 2012, a student, and younger than the taxpayer
    (or spouse if filing jointly); or permanently and totally disabled
    at any time during 2012, regardless of age.
    3) Residency. The child must have lived with the taxpayer in the
    United States for more than half of 2012. Residence in Puerto
    Rico or a U.S. possession, such as Guam, will not qualify. A
    child who was born or died in 2012 is treated as having lived
    with the taxpayer for all of 2012 if the taxpayer’s home was the
    child’s home the entire time he or she was alive in 2012.
    4) Joint return. The child cannot file a joint return for the year.
    Exception: The joint return test does not apply if the child and
    his or her spouse file a joint return only to claim a refund.
    The support test for dependents does not apply for purposes of
    the EIC. A child who meets all requirements can be a qualifying
    child even if the child provides over half of his or her own support.
    If the parents of a child can claim the child as a qualifying child
    but no parent claims the child, no one else can claim the child
    unless that person’s AGI is higher than the highest AGI of any
    of the child’s parents who can claim the child.
    "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

    #2
    I don't believe the gross income test would apply to her.

    Comment


      #3
      Thanks for that...

      I needed that affirmation.
      I actually missed the EIC on last yr's return, so I'm going back. I hate backing up the truck TODAY!!
      "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

      Comment


        #4
        It can get sneaky. Have had clients who had children in college where the child made 20-25K on their own. The parent pretty much assumes that they can get no benefit from the child and may not even bring anything up other than to possibly say they cannot claim Karen this year. But if the other tests are met they can qualify for the EIC on that child.

        Comment

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