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NY Earned Income Credit IT-215

MP CPA
Level 1

NY EIC on form IT-215 is being generated for taxpayer who does not quality for Federal EIC since she is filing Married filing Separate.  Federal EIC is not generating.  Why is this generating?  Is there an issue with the program?  How do stop this from calculating without over-riding?

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1 Comment 1
PKCPAMST
Level 5

These 2020 instructions for Form IT-215 might be helpful.

For filing status (3), Married filing separate return

  • The line 16 amount represents both spouses' combined (total) NYS EIC. You must complete line 17 and indicate the amount of line 16 that you are claiming.

Line 17 — Complete this line only if your filing status is (3), Married filing separate return. See the instructions for Form IT-201 or IT-203 to determine your filing status.

Show the portion of line 16 that you are claiming as your share of the NYS EIC, and follow the appropriate instructions below. Remember, while the NYS EIC can be split in any manner you and your spouse agree to, the combined amount of both spouses' New York State credits cannot be more than the amount on line 16.

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