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Level 2
posted Jan 20, 2020 3:42:29 AM

Hello. I did my 2017 and 2018 tax and got the earned income tax credit. The issue is I only work for IHSS and live with my client. How do I fix that mistake & return EITC

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1 Best answer
Level 15
Jan 20, 2020 4:27:42 PM

Did you also work for IHSS in 2017 & 2018?    IHSS is not taxable and you don't get the EIC for it for 2017 & 2018.  But for 2019 it seems they do give you the EIC.

 

See IRS 1040 instructions page 84 3rd column

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf 

4 Replies
Expert Alumni
Jan 20, 2020 4:19:29 PM

Wages received by In-Home Supportive Services (IHSS) providers who live in the same home as the recipient of those services are not considered part of gross income for federal income tax purposes.

 

To correct the past errors, you'll need to amend your tax returns for 2017 and 2018.

 

Please read this TurboTax Help article on how to treat your IHSS income on your amended tax returns.

 

Please read this TurboTax Help article on how to amend your past returns.

Level 15
Jan 20, 2020 4:27:42 PM

Did you also work for IHSS in 2017 & 2018?    IHSS is not taxable and you don't get the EIC for it for 2017 & 2018.  But for 2019 it seems they do give you the EIC.

 

See IRS 1040 instructions page 84 3rd column

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf 

Level 15
Jan 20, 2020 4:31:31 PM
Level 15
Jan 20, 2020 5:01:41 PM

I'm not sure it's necessary to amend 2017 and 2018.  The court case that led to the 2019  revisions was for tax year 2015.  Poster's 2017 and 2018 EIC may be valid.  In light of the court ruling, it's unlikely the IRS will be coming after him.

Reference: https://www.ustaxcourt.gov/UstcInOp/OpinionViewer.aspx?ID=11863

 

@glenthediamond - See the revised discussion at your earlier post. https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-if-my-ihss-income-is-excludable-does-this-mean-i-cant-use-it-towards-earned-income-credit/01/994594#M112230

@AmeliesUncle