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Earned Income Credit


RDennis

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Help!! I have taken over a friend's tax practice. One of his clients has qualified for Earned Income Credit from time to time. I have not prepared a return with EIC in many years, and not under the newest guidelines.

She, a single mom who has been divorced for some ten or more years, has two children living at home 100% of the time. She provides 100% of the support.

She and the kids seemingly meet all of the criteria, until I get to Worksheet 1, Investment Income.

She inherited quite a bit of stock after her mother's death in 2013, and there were a lot of stock sales in 2013. In 2014, the remainder of the estate was distributed--not a factor here.

Her earned income was $17,613. After the stock inheritance, she quit her job!! She had gross proceeds from the stock sales of $195K. She also received rental income of $23,000. There is also dividend income and a state income tax refund.

So, lots of money received during the year. I go through the Worksheet, and in the first three sections, she has only $1,082 in dividends. In part 4, it appears that on line 12, I should enter the net loss from passive activities (the rental) of $7,650--lots of depreciation and probably light on the amount of rent charged--as a negative figure.

Am I missing something, or does she really qualify for the EIC?

If so, it certainly doesn't seem fair.

Thanks for your help,

Dennis Kavanaugh

Colorado

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She had a gain in 2013, but had a $28,000 capital loss carryover. So, the bottom line on Schedule D is a $23,000 capital loss. So, yes, I entered 0 on line 5.

And, yes, she had a rental loss.

Every single line in the right hand column is zero, except for dividend income of $1,082. Line 15, then, is the $1,082--so less than $3,000. Thus, it appears she qualifies.

Well, at least, for 2014, she won't have any earned income! :unsure:

And, no, she won't be open for any advice.

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