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New Member
posted Apr 29, 2023 10:39:20 AM

I am a brain cancer survivor with permanent disability . I am filing joint return with my spouse who has regular income. Can i still qualify for disability tax credit?

My individual income is within the limits for disability tax credits but i file joint return with my spouse who is employed full time. So not sure if i can claim disability tax credit based on my income alone.

0 4 684
4 Replies
Level 15
Apr 29, 2023 10:50:21 AM

Are you referring to credit for elderly and disabled?

 

https://www.irs.gov/publications/p524#en_US_2022_publink1000281193

New Member
Apr 29, 2023 11:18:34 AM

Yes the publication has an income limit and it says that one does not qualify for the credit, if the AGI is more 20000$ and a joint return is filed. I am not sure the AGI refers to joint AGI as in my case my spouse is a full time employee entering regular salary and her income is more than 20000$. however if my income is only to be considered then i get a disability income of less than $20000.

Level 15
Apr 29, 2023 11:26:12 AM

If you are filing as Married Filing Jointly the amount on the Form 1040 Line 11 is the total AGI for both of you.  So if Line 11 is $20,000 or more you are not eligible for the credit.

 

 

Level 15
Apr 29, 2023 5:22:53 PM

There is an extra amount added to your standard deduction if you are legally blind.   Your federal return does not provide any other credits or deductions for saying you are disabled, with one possible exception.  

 

There is a credit for the Elderly and Disabled which is so small that very few people benefit from it—-it has not been updated/increased by Congress for decades.

 

ELDERLY OR DISABLED CREDIT https://www.irs.gov/help/ita/do-i-qualify-for-the-credit-for-the-elderly-or-disabled

 

There are some states that provide various credits to elderly/disabled folks, so watch for that when you prepare your state return.   The states that I know of that have anything for elderly/disabled are AZ, CT, DE, IA, MO, ND, NJ, NY, VE.   There may be others.