Happy Tax Season Series: Are You Eligible for the Earned Income Tax Credit?

Are you aware of the Earned Income Tax Credit?  The Earned Income Tax Credit (“EITC”) is a financial boost for workers earning $49,078 or less in 2011.  Four out of five eligible taxpayers filed for and received their EITC last year.  Find out if you are eligible!  It only takes a few minutes.

Here are ten things the IRS wants you to know about this valuable credit, which has been making the lives of working people a little easier since 1975.

1.  As your financial, marital or parental situations change from year to year, you should review the EITC eligibility rules to determine whether you qualify.  Just because you didn’t qualify last year doesn’t mean you won’t this year.

2.  If you qualify, the credit could be worth up to $5,751.  EITC not only reduces the federal tax you owe, but could result in a refund.  The amount of your EITC is based on your earned income and whether or not there are qualifying children in your household.  The average credit was around $2,240 last year.

3.  If you are eligible for EITC, you must file a federal income tax return and specifically claim the credit – even if you are not otherwise required to file.  Remember to include Schedule EIC, Earned Income Credit when you file your Form 1040 or, if you file Form 1040A, use and retain the EIC worksheet.

4.  You do not qualify for EITC if your filing status is Married Filing Separately.

5.  You must have a valid Social Security number for yourself (and your spouse if filing a joint return) and any qualifying child listed on Schedule EIC.

6.  You must have earned income.  You have earned income if you work for someone who pays you wages, you are self-employed, you have income from farming, or – in some cases – you receive disability income.

7.  Married couples and single people without children may qualify. If you do not have qualifying children, you must also meet the age and residency requirements, as well as dependency rules.

8.  Special rules apply to members of the U.S. Armed Forces in combat zones.  Members of the military can elect to include their nontaxable combat pay in earned income for the EITC.  If you make this election, the combat pay remains nontaxable.

9.  It’s easy to determine whether you qualify.  The IRS has developed an interactive tool called the EITC Assistant, which is available on the IRS.gov website.   Just answer a few simple questions to find out if you qualify and estimate the amount of your EITC.

10.  Free help is available at Volunteer Income Tax Assistance (“VITA”)  sites to help you prepare and claim your EITC.  If you are preparing your taxes electronically, the software will figure the credit for you.  To find a VITA site near you, click here.

For more information about the EITC, see IRS Publication 596, Earned Income Credit.

Muiños & Morales

WAGE GARNISHMENTS AND ASSET SEIZURES

The Internal Revenue Service has various powers at their disposal to collect taxes that are owed and not paid, including the power to levy.  A levy can result in the garnishment of income (such as your wages, salary, commissions, or other payments for personal services) and/or the seizure and sale of assets to satisfy outstanding tax debt.

Wage Garnishments.

Many have asked incredulously: can the IRS really take away a significant portion of my wages?!

They sure can.  Fortunately, an IRS wage garnishment or wage levy is a tactic that is usually a last resort measure and is usually not done unless the tax problem has gone unresolved for quite some time after numerous attempts at notification.

When the IRS decides to levy your wages, the IRS will send written notice to your employer requiring the employer to withhold a portion of your pay and send it directly to the IRS.  Your employer is obligated by law to follow these instructions or face serious penalties.  If you’re self-employed, the IRS can send a IRS wage levy to your accounts receivable.  In other words, they will send notice to your customers telling them to pay your accounts receivable directly to the IRS.  This won’t be good for customer relations and can be quite embarrassing.

Furthermore, an IRS wage levy will generally remain in place until the tax liability is paid or other arrangements are made to satisfy the tax debt.

Be proactive!  Make arrangements with the IRS before they garnish your wages.

Asset Seizures.

Likewise, the IRS has the power to seize your house, your car or any other property you own.   Once again, this is usually a last resort for the IRS.  They will not seize your assets until they have given you proper notice and ample opportunity to pay your tax debt or work out a payment plan.  (We will discuss payment alternatives in a future blog post).

Before the IRS conducts a property seizure, they will normally perform an investigation to determine the equity in the item to be seized.  In almost all cases, the IRS will not seize the asset unless there is sufficient equity.

Due to governmental protections, except in extreme cases, it is unlikely that the IRS will consider seizing your principal home.  However, rental properties or vacation homes are fair game and if there is sufficient equity in these assets, they can be seized without great difficulty.  Businesses may be seized as well, but again, it is the exception, not the rule.

What to do if you get a Notice of Intent to Levy.

If you receive a Notice of Intent to Levy, you need to act fast!  Either pay your taxes, if possible, or negotiate with the IRS.  This is not the time for procrastination.  This is the time to hire a tax attorney to represent you.  The longer you wait, the more difficult it becomes and the more time and cost it will likely take to repair the damage that has already occurred.

If you’d like to consult with us regarding your options, we are available to help.

Muiños & Morales

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