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You can’t include Basic Allowance for Housing as earned income for purposes of the Earned Income Tax Credit.
IRS says when figuring your earned income for purposes of the EIC, don't include any of these amounts.
See What’s is included in my earned income for EIC
I’m seeing conflicting information from what you provided on the IRS website:
This page was last updated on January 27th, 2023 so it seems very recent. It says you don’t have to include it but you can include it as income for EITC purposes.
The link you reference shows a definition of military non-taxable pay. However in the links provided by @ErnieS0 you will see that only "Nontaxable Combat Pay" may be used to qualify for the Earned Income Tax Credit.
The amount that may be added to your earned income is coded "Q" in box 12 on your form W2. If there was an amount coded "Q" on your form W2 then the Earned Income Tax Credit Topic will ask if you wish to include this income in calculating the credit.
Yes the link I provided is about Nontaxable military pay.
it says:
“If you or your spouse got nontaxable pay as a member of the Armed Forces, you don’t have to include it as earned income on your federal taxes.
If you and your spouse do choose to include your nontaxable pay as earned income for the EITC, you may owe less tax and get a larger refund. The person who includes your nontaxable pay as earned income must include all of it.”
It then continues with:
“Nontaxable pay includes:
So this explicitly states you can include Nontaxable military pay for purposes of the EITC and then lists BAH as a qualifying Nontaxable military pay.
Furthermore it states:
”There are 4 ways you can include nontaxable pay when you claim the EITC. You can:
So it this is definitely saying that you can include BAH as earned income for purposes of the EITC.
The only nontaxable military pay you can elect to include for Earned Income Credit purposes is combat pay. BAH and BAS are examples of nontaxable military pay, but they are never considered Earned Income, and you can't elect to include them. Please check that link. You can elect to include nontaxable combat pay. I know that page is confusing, but nontaxable combat pay, which is not considered earned income, is the only thing you can elect to include in earned income for the purposes of the EIC credit. There is nowhere it says you can elect to include nontaxable BAH or BAS as earned income.
From IRS Pub 596 - Nontaxable pay for members of the Armed Forces isn't considered earned income for the EIC. Examples of nontaxable military pay are combat pay, the Basic Allowance for Housing (BAH), and the Basic Allowance for Subsistence (BAS). See Pub. 3, Armed Forces Tax Guide, for more information.
.Combat pay. You can elect to include your nontaxable combat pay in earned income for the EIC. See Nontaxable combat pay in chapter 4.
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