AmyC
Expert Alumni

Tax help for military filers

The rules are:  Earned Income Credit eligibility:

1)The greater of AGI or earned income must be less than:

  • $15,820 ($21,710 for MFJ) with no qualifying children,
  • $41,756 ($47,646 for MFJ) with one qualifying child,
  • $47,440 ($53,330 for MFJ) with two qualifying children, or•$50,954 ($56,844 for MFJ) with three or more qualifying children. 

2)The taxpayer (and spouse if MFJ) must have a valid SSN. Any qualifying child listed on Schedule EIC (Form 1040) must also have a valid SSN.

3)Filing status cannot be “Married Filing Separately.”

4)The taxpayer must be a U.S. citizen or resident alien all year. A nonresident alien can claim the credit if married to a U.S. citizen or resident alien and the nonresident alien chooses to be treated as a resident for all of 2020 by filing a joint return.

5)The taxpayer cannot file Form 2555 (relating to foreign income).

6)Investment income must be $3,650 or less.

7)The taxpayer must have earned income. 

 

PLUS rules regarding child or no child as below.

Qualifying child: 

  • The child must meet the relationship, age, residency, and joint return tests. 
  • The qualifying child cannot be used by more than one person to claim the EIC. 
  • The taxpayer cannot be a qualifying child of another person.

No Qualifying child:

  • The taxpayer must be at least age 25 but under age 65. For MFJ, only one spouse needs to meet the age test.
  • The taxpayer cannot be the dependent of another person.
  • The taxpayer cannot be a qualifying child of another person.
  • The taxpayer must have lived in the United States more than half the year. United States does not include Puerto Rico or U.S. possessions, such as Guam. United States military personnel stationed outside the United States on extended active duty are considered to live in the United

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