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SSA-1099 payee of minor child and Earned Income Credit eliegablity

I've adopted my 13 year old brother that receives a survivor benefit form SSA-1099 (I'm the payee since he is minor.) My question is in regard to my eligibility for EIC. Since I'm the payee, am I paying his expenses or he paying his own expenses? Therefor, disqualifying me for full Earned Income Credit?
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Accepted Solutions
Anita01
New Member

SSA-1099 payee of minor child and Earned Income Credit eliegablity

His SSA-1099 has nothing at all to do with your tax return.  You do not report his SS income on your tax return because it's not considered your income.  if that's his only income, it doesn't get reported anywhere because it's not taxable. 

At this link, you can find a Worksheet, number 3-1 and look at how support is determined.  It would be very unlikely that he received enough income to provide half his support, given that he's not paying for his home , utilities, or any other similar costs of living. If he uses the money just for entertainment or savings, that's not support.

https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170907

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1 Reply
Anita01
New Member

SSA-1099 payee of minor child and Earned Income Credit eliegablity

His SSA-1099 has nothing at all to do with your tax return.  You do not report his SS income on your tax return because it's not considered your income.  if that's his only income, it doesn't get reported anywhere because it's not taxable. 

At this link, you can find a Worksheet, number 3-1 and look at how support is determined.  It would be very unlikely that he received enough income to provide half his support, given that he's not paying for his home , utilities, or any other similar costs of living. If he uses the money just for entertainment or savings, that's not support.

https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170907

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