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Level 2
posted Apr 9, 2025 9:51:07 AM

EIC presence test

We are US Citizens and were outside the US (all family) for more than six months. Do I qualify for EIC as my trip was due to a family emergency and I kept a permanent US address (not residence) during my time outside USA. We received a form from IRS to claim EIC, but I am not sure if I need to include a cover sheet with the form explaining the whole situation?

0 5 1224
5 Replies
Expert Alumni
Apr 9, 2025 9:59:09 AM

No, you cannot claim the Earned Income Tax Credit if you were not living in the United States for more than six months.  See Residency Test.

 

There was a limited exception to this rule for 2020 and 2021 for Covid related absences, but it no longer applies. 

Level 2
Apr 9, 2025 10:05:17 AM

The form I received from IRS was for my 2021 returns and I had difficulty in getting back to the US due to covid related travel restrictions in 2021. This is the last year I can submit the form I received from IRS to claim my EIC from 2021?

Expert Alumni
Apr 9, 2025 10:17:10 AM

No. As MaryK4 mentioned, there was a limited exception to this rule for 2020 and 2021 for Covid related absences, but it no longer applies. 

 

@MSAL678 

Level 2
Apr 9, 2025 10:29:31 AM

Don't I have 3 years to claim it since it was for my 2021 returns?

 

Expert Alumni
Apr 9, 2025 10:59:12 AM

Yes.  You have 3 years to file  a return, so you have until April 18th 2025 to file a 2021 return to claim a refund.

However, the rules for 2021 do state that you must have lived in the US for more than half of the year in order to claim the EITC.  2021 Pub 596 
 

A US address is not the same as a permanent US residence.