8.5 Earned Income Tax Credit (EITC)

Key Takeaways

  • For 2025, maximum EITC ranges from $649 (no children) to $8,046 (3+ children); investment income limit is $11,950
  • Earned income includes wages, salaries, tips, and net SE income — NOT interest, dividends, unemployment, or Social Security
  • Qualifying child must meet relationship, age, residency, and joint-return tests; workers without qualifying children must be age 25–64
  • MFS filers are never eligible. Every individual (filer, spouse, qualifying children) needs a valid Social Security Number issued for employment; ITINs do not qualify
  • Paid preparers must complete Form 8867 due diligence; the §6695(g) penalty is $600 per failure for 2025 returns (per credit/HoH claim)
Last updated: May 2026

Earned Income Tax Credit (EITC) Overview

The EITC is the most important refundable credit in the tax code — it can reduce tax liability below zero and produce a refund. The 2025 figures below come from Rev. Proc. 2024-40; OBBBA did not change EITC mechanics for 2025. The EA exam heavily tests EITC eligibility, income limits, due diligence, and disallowance rules.

2025 EITC Maximum Credit Amounts and Income Limits

Qualifying ChildrenMaximum CreditSingle/HoH/QSS AGI LimitMarried Filing Jointly AGI Limit
0 children$649$19,104$26,214
1 child$4,328$50,434$57,554
2 children$7,152$57,310$64,430
3+ children$8,046$61,555$68,675

Investment Income Limit: For 2025, you cannot claim EITC if investment income exceeds $11,950 (up from $11,600 in 2024). Investment income includes:

  • Taxable interest
  • Tax-exempt interest
  • Dividends
  • Net capital gain income
  • Royalties and rental income from personal property
  • Passive activity income

What Qualifies as Earned Income?

Earned Income INCLUDES:

Income TypeDetails
Wages, salaries, tipsBox 1 of W-2 (tips remain reportable even though OBBBA allows an above-the-line tip deduction)
Net self-employment incomeSchedule C profit minus 1/2 SE tax
Union strike benefitsPayments while on strike
Disability benefitsOnly if received BEFORE minimum retirement age
Nontaxable combat payTaxpayer may ELECT to include as earned income

Earned Income DOES NOT Include:

Income TypeWhy Excluded
Interest and dividendsInvestment income
Social Security benefitsNot from current work
Unemployment compensationReplacement income
Child supportNot taxable income
Alimony receivedNot earned
Pension/retirement incomeNot current earnings
Workers' compensationNot taxable
Welfare/TANFNot earned

Combat Pay Election: Active-duty military in combat zones receive nontaxable combat pay. Taxpayers may ELECT to include it in earned income for EITC purposes if it increases the credit.

OBBBA tip / overtime deductions and EITC: The new above-the-line deductions for qualified tips ($25K cap) and FLSA overtime premium ($12,500 single / $25,000 MFJ cap) reduce AGI but do not reduce the amount of earned income used to compute EITC. Tips and overtime are still earned income for EITC purposes.


EITC Qualifying Child Rules

The ARRJ Tests

TestRequirement
AgeUnder 19 at year-end, OR under 24 if a full-time student, OR permanently and totally disabled (any age)
RelationshipYour child, stepchild, adopted child, foster child, sibling, step-sibling, or descendant of any of these
ResidencyLived with you in the U.S. for MORE THAN HALF the year
Joint ReturnChild did not file a joint return (except solely to claim a refund)

Important Notes:

  • No support test for EITC (unlike dependency)
  • Child must be YOUNGER than the taxpayer (or spouse)
  • "U.S." means the 50 states and D.C., NOT U.S. territories like Puerto Rico or Guam
  • Temporary absences (school, medical care, military) count as time living with you

Tiebreaker Rules

If more than one person claims the same child:

  1. Parent wins over non-parent
  2. Parent with longer residency wins over other parent
  3. Parent with higher AGI wins if residency is equal
  4. Higher AGI wins if neither is a parent

EITC Without Qualifying Children

2025 Requirements for Childless Workers:

RequirementDetails
AgeAt least 25 but under 65 at end of tax year
ResidencyMain home in the U.S. for more than half the year
DependencyCannot be claimed as a dependent on another return
Qualifying child of anotherCannot be the qualifying child of someone else

For MFJ filers, only ONE spouse needs to meet the age requirement.

2025 Limits Without Qualifying Children:

  • Maximum credit: $649
  • Single/HoH AGI limit: $19,104
  • MFJ AGI limit: $26,214

Filing Status and Citizenship Requirements

Filing Status Restrictions

Filing StatusEITC Eligible?
SingleYes
Head of HouseholdYes
MFJYes
QSSYes
Married Filing SeparatelyNO — never eligible (no exceptions under current law)

SSN and Citizenship Requirements

  • Valid SSN required for the taxpayer, spouse (if MFJ), and every qualifying child — issued by the due date of the return (including extensions)
  • The SSN must be valid for employment (not one issued only to receive benefits)
  • ITINs do NOT qualify for any portion of EITC
  • Nonresident aliens at any time during the year cannot claim EITC (exception: NRA who elects under §6013(g)/(h) to be treated as resident alien spouse on a joint return)

Tax Preparer Due Diligence Requirements

Form 8867 — Paid Preparer's Due Diligence Checklist

Paid preparers must complete and submit Form 8867 for every return claiming:

  • Earned Income Tax Credit (EITC)
  • Child Tax Credit (CTC) / ACTC / ODC
  • American Opportunity Tax Credit (AOTC)
  • Head of Household filing status

The Four KDCR Due Diligence Requirements

RequirementWhat It Means
K — KnowledgeKnow the law, ask appropriate questions, do not ignore information
D — DocumentComplete Form 8867 for each covered claim
C — ComputeProperly calculate the credit (use applicable worksheets)
R — RetainKeep records for 3 years from the later of: due date, date filed, or date presented to taxpayer

Due Diligence Penalty

The penalty for failing to meet due-diligence requirements under §6695(g) is $600 per failure for returns filed in 2025 (inflation-adjusted from the original $500). If a preparer fails diligence on all four covered items (EITC, CTC/ACTC/ODC, AOTC, HoH) on one return, the total penalty is $600 × 4 = $2,400.

Other consequences:

  • Referral to the IRS Office of Professional Responsibility
  • Possible injunction barring preparation of returns
  • IRS "knock-and-talk" visits and preparer compliance audits

EITC Disallowance Rules

Reason for DenialBan PeriodForm to Reclaim
Math/clerical errorNo banNone
Other reasons (not fraud/reckless)None, but Form 8862 requiredForm 8862
Reckless or intentional disregard2 yearsForm 8862 after ban
Fraud10 yearsForm 8862 after ban

Form 8862 — Information to Claim Certain Credits After Disallowance

Required when EITC (or CTC/AOTC/ODC) was disallowed for any reason other than a math/clerical error. The taxpayer must demonstrate that all eligibility tests are now met.


Schedule EIC

When EITC is claimed with qualifying children, attach Schedule EIC to Form 1040, reporting for each child: name, SSN, year of birth, relationship, months lived with taxpayer, student status, and disability status.


How EITC Works: Phase-In and Phase-Out

  1. Phase-in — credit increases as earned income rises
  2. Plateau — credit stays at maximum
  3. Phase-out — credit decreases as income continues to rise
  4. Zero credit — once income exceeds the threshold

This design rewards work at low earnings levels and targets the largest benefits to working families with children.


EA Exam Tips for EITC (2025)

  1. Memorize 2025 maximums: $649 / $4,328 / $7,152 / $8,046
  2. Investment income limit $11,950 — common trap
  3. MFS is always disqualified — no exceptions
  4. Age 25–64 for childless workers
  5. More than half the year residency test
  6. $600 per failure due diligence penalty for 2025 returns
  7. Combat pay election is taxpayer's choice
  8. No support test for EITC qualifying child (unlike dependency)
  9. Form 8867 required for every covered claim
  10. 2-year and 10-year bans for reckless/fraudulent claims
Test Your Knowledge

Maria is single with two qualifying children. Her 2025 earned income is $45,000 and she has $12,500 in dividend income. Is Maria eligible for the EITC?

A
B
C
D
Test Your Knowledge

A 23-year-old single taxpayer has $15,000 in wages and no qualifying children in 2025. Can they claim the EITC?

A
B
C
D
Test Your Knowledge

A paid preparer files a 2025 return claiming EITC, CTC, and Head of Household status but fails to complete Form 8867. What is the total due diligence penalty?

A
B
C
D