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How do I claim my Disabled Veteran Husband and College Student Child for EITC?

Husband is a permanently disabled veteran receives SSDI and VA Disability.  My 20 year-old child is attending college full-time. Can I claim both for the EITC credit?
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1 Reply
MiriamF
Intuit Alumni

How do I claim my Disabled Veteran Husband and College Student Child for EITC?

You can claim your daughter, but not your husband, for EITC.

When you are legally married, you can only file married filing jointly or married filing separately. Neither gives you the option of claiming your spouse as a dependent. Without a qualifying child, you must have poverty level income (under $20,430 if filing jointly) and your maximum benefit is $1,012. While that might be something to consider for the future, your college-age daughter brings you a much higher benefit now.

There are income limitations for EITC. For a married couple with one child, there is no benefit if you earn more than $44,846. Understand that EITC increases as your income increases, then reaches a plateau, then decreases as your income continues increasing, so if your income is $44,800, the credit will be very small.

If you have not been getting EIC in previous years and your circumstances were the same, you should consider filing amended returns. You can amend for three previous years, but you will lose the opportunity to amend your 2013 return after April 18, 2017.

There are special tax benefits for people with disabilities. Please see the links below for more information.

https://turbotax.intuit.com/tax-tools/tax-tips/Family/Tax-Tips-for-Caring-for-a-Disabled-Spouse/INF2...

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/disability-and-earned-in...

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