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Do I Qualify for Earned Income Credit While on Unemployment?

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2024 • October 16, 2024 2:14 AM
OVERVIEW

Receiving unemployment benefits doesn't mean you're automatically ineligible for the Earned Income Credit, but there are other requirements you'll also need to satisfy to claim the EIC.

 

 

Key Takeaways

  • Receiving unemployment benefits does not automatically make you ineligible to receive the credit. You may be eligible to claim the Earned Income Credit if you earned income from a job or self-employment for at least part of the tax year.
  • You can only receive the Earned Income Credit if your adjusted gross income (AGI) is below the applicable maximum for the tax year. The applicable maximum AGI varies, depending on your filing status and the number of qualifying children.
  • The unemployment compensation you receive counts toward your AGI. You may be ineligible for the Earned Income Credit if your earned income and unemployment benefits exceed the maximum AGI when added together.
  • You are ineligible for the Earned Income Credit if you or your spouse (if filing jointly) was a nonresident alien at any time during the tax year. If you’re a US citizen or resident and you live abroad, you typically cannot receive the tax credit.

Earned Income Credit

As the name implies, to be eligible for the Earned Income Credit you must “earn” income such as through employment. However, receiving unemployment benefits doesn’t mean you’re automatically ineligible for the credit. There are other requirements you’ll also need to satisfy to claim the EIC. If you do, the credit can reduce your taxes, or even create a refund.

Unemployment compensation

The IRS defines “earned income” as the compensation you receive from employment and self-employment. Specifically excluded from this definition is any unemployment compensation you receive from your state.

However, as long as you worked or were otherwise self-employed during the same year you started receiving unemployment checks, you may still be eligible to claim the Earned Income Credit.

AGI limitations

The Earned Income Credit is only available if your adjusted gross income, or AGI, is less than the applicable maximum for the tax year. The applicable maximum AGI depends on your filing status and the number of qualifying children.

  • The applicable maximum AGI increases for up to three qualifying children
  • It's also higher for married taxpayers than for single ones

Your adjusted gross income, which you can find on the first page of your tax return, is equal to: Your total income subject to the income tax, minus the deductions the IRS refers to as “adjustments to income.”

In order to be eligible for the Earned Income Credit:

  • you need to have “Earned Income” (which we discussed above)
  • your Adjusted Gross Income (AGI) must be below the applicable limit

It's possible for your earned income to be below the threshold but for your total income, and therefore your AGI, to be above the threshold because of the addition of unemployment compensation. This could make you ineligible for the Earned Income Credit.

To find the AGI thresholds for your specific situation, see: IRS Publication 596.  If you use TurboTax to prepare your taxes, we’ll ask simple questions, do all the calculations and tell you whether or not you’re eligible for the credit.

The Consolidated Appropriations Act (CAA) was signed into law on December 27, 2020 as a stimulus measure to provide relief to those affected by the pandemic. For tax year 2020, The CAA allows taxpayers to use their 2019 earned income if it was higher than their 2020 earned income in calculating the Additional Child Tax Credit (ACTC) as well as the Earned Income Credit (EIC). For 2021, you can use whichever year's income, 2019 or 2021, that provides the highest credit.

TurboTax Tip:

If your investment income exceeds $11,600 for the year (tax year 2024), you will not be eligible for the Earned Income Credit. Investment income includes interest from a bank account, dividends, and capital gains from the sale of investments such as stocks or bonds.

Citizen or resident

You will not be eligible for the Earned Income Credit if you or your spouse (if filing jointly) was a nonresident alien at any time during the tax year.

If you don’t have United States citizenship, you must either have a green card that allows you to reside in the country, or satisfy the IRS substantial presence test.

  • The test requires you to be physically present in the U.S. for a certain number of days.
  • You also have to have a valid Social Security card that does not include the phrase “not valid for employment.”
  • If you’re a U.S. citizen or resident who lives abroad, you ineligible for the tax credit.

Maximum investment income

Eligibility for the Earned Income Credit requires that your investment income for the 2024 tax year not exceed $11,600. Your investment income doesn't include the money you earn in your profession, and it does not include unemployment compensation.

Investment income does, however, include:

  • capital gains you got from investments such as stocks and bonds
  • interest from a bank account
  • dividends

When you use TurboTax to prepare your taxes, we’ll ask straightforward, easy-to-answer questions about your income and life, and do all the work to determine whether you qualify for the EIC or other deductions and credits.

With TurboTax Live Full Service, a local expert matched to your unique situation will do your taxes for you start to finish. Or, get unlimited help and advice from tax experts while you do your taxes with TurboTax Live Assisted.

And if you want to file your own taxes, you can still feel confident you'll do them right with TurboTax as we guide you step by step. No matter which way you file, we guarantee 100% accuracy and your maximum refund.

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~37% of filers qualify. Simple Form 1040 returns only (no schedules except for Earned Income Tax Credit, Child Tax Credit and student loan interest).

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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

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