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Level 7
January 28, 2021
Question

EITC Provision

  • January 28, 2021
  • 22 replies
  • 123 views

Does anybody have the final word about the EITC with only unemployment income using the provision to use the Earned Income from 2019? Pub 596 came out today and it does not mention this particular case. It looks to me that although it looks unfair, at least 1 dollar is needed as earned income in 2020. 

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22 replies

Just-Lisa-Now-
Intuit Community Champion
January 28, 2021

Does the Pub say you must have earned income in 2020 to use the 2019 lookback?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Level 7
January 28, 2021

Yes, it says that but as we have been discussing, if  the purpose of the law is helping people due to the virus, what is the difference between having worked one week in Uber and have not worked at all? Will the Uber qualifies using the provision? 

Just-Lisa-Now-
Intuit Community Champion
January 28, 2021

Im not seeing it say that you must have earned income in 2020 to use the 2019 lookback anywhere in Pub 596. 

All it says is that 2019 earned income needs to be more than 2020 earned income.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15
January 28, 2021

No, you do not need any 2020 income to claim EIC based on 2019 earnings.

Next I suppose you'll start dithering about Schedule C filers with a loss in 2020 but a profit in 2019.  

Level 7
January 28, 2021

As I said before, I talked to the EITC department and they told me if a person got unemployment only, that person can not use the provision even if he has 2019 earned income. So who has the truth? 

BobKamman
Level 15
January 28, 2021

I started my tax career answering questions at an IRS toll-free site. From there I went to National Office, where I helped write the test questions that GAO used to determine IRS accuracy rates by IRS Taxpayer Service employees. Since you have demonstrated your faith in calling IRS for answers to tax questions, you can have faith in my answers too. I have learned even more since I left.

At IRS we had contempt for practitioners who could not do their own research. Back then, though, the resources available to the public were not as handy as those IRS publications, and the CCH Master Tax Guide, that we had at the phone sites. IRS has about 75,000 employees. Many of those with the least training, especially the seasonal ones, are assigned to answering phones. Why would anyone expect them to have expertise on a law signed a month ago? On the other hand, most of them have enough sense not to read something into the law that is not there.

This whole non-issue started when someone noticed that zero-AGI returns cannot be e-filed. That would include returns with EIC based on 2019 income, as well as returns eligible for the recovery rebate credit. How that situation got perverted into one involving zero-earned income returns, maybe a psychologist could explain.

IRonMaN
Level 15
January 28, 2021

Is it just me or this like Intuit is hosting a Groundhog Day movie marathon?.

Slava Ukraini!
BobKamman
Level 15
January 28, 2021

@IRonMaN 

Not so much groundhogs, more like dead horses.  

qbteachmt
Level 15
January 28, 2021

"more like dead horses"

I envision people running in circles like chickens with their heads just cut off.

I don't understand why everyone is so hot-to-trot, when the IRS isn't even receiving until mid-Feb and the programs are not finalized. I know what it is like to want to meet deadlines, but being ahead of the software and the receiving agency means everyone should calm down. Look at last year; you no longer get to file the majority of the returns by mid-April, then take off a few weeks. What is going to happen this year? You should be resting now, in preparation for the upcoming slog. Take A Break; you deserve it.

Don't yell at us; we're volunteers
qbteachmt
Level 15
January 29, 2021

The IRS released an EITC video:

https://www.youtube.com/watch?v=Cuuwvs_hLgM

 

Don't yell at us; we're volunteers