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Chapter 6
Advance Payment of EIC in 2000

You can receive part of your year 2000 EIC in your paycheck by completing a form and giving it to your employer.

Do you expect to be eligible for the EIC this year (2000) and to have a qualifying child? If so, you can choose to get payments of the EIC in your paycheck now instead of waiting to get your EIC all at once in 2001 when you file your tax return for the year 2000. These payments are called advance EIC payments. This chapter explains how you may be able to get them this year and how to report them on your tax return.

Example: How advance payment of EIC works In March of 2000, John and Tom worked together. Tom told John that he gets $40 added to his paycheck each month because of the earned income credit. John would like to get an extra amount every month too. John needs to find out if he can claim the EIC in 2000. He should answer the questions in Step 1 below and then, if he is eligible for advance EIC payments, go to Step 2.

Note. In chapters 1 through 5 of this publication, the rules for claiming the EIC apply to the EIC you claim on your 1999 tax return. In this chapter, the rules apply to EIC you expect to claim on your 2000 tax return. If you received advance payments of the EIC in 1999, see Important Reminders on page 3 for information on reporting these payments.

Step 1 - Find Out If You Are Eligible for Advance Payments of the EIC

Answer the following four questions to see if you are eligible for advance payments of EIC.

Note. When the question says "expect," you do not have to know that you will be able to answer "Yes" when you file your tax return. You can only make a best guess that you will be able to answer "Yes."

Question 1.

Do you expect to have a qualifying child? (See the definition of qualifying child beginning on page 11.)

  Yes. Go to Question 2.

  No.   You cannot get advance payments of EIC.

Question 2.

Do you expect that your earned income and modified adjusted gross income will each be less than approximately $27,000?

Tip: See the 2000 Form W-5 for the exact amount. Earned income and modified AGI are explained on pages 7 and 22.

  Yes. Go to Question 3.

  No.   You cannot get advance payments of EIC.

Question 3.

Do you expect to be eligible for EIC in 2000 as explained in chapters 1, 2, 3, and 4?

  Yes. Go to Question 4.

  No.   You cannot get advance payments of EIC.

Not Sure. Read the rules in chapters 1, 2, 3, and 4 and/or the instructions for Form W-5. Then answer "Yes" or "No."

Note. The rules in chapters 1, 2, 3, and 4 are expected to be the same for the year 2000, except that you will be allowed to have more earned income, a higher modified AGI, and possibly more investment income. The correct amounts for the year 2000 are in the instructions for the 2000 Form W-5.

Question 4.

Are your wages subject to withholding of federal income tax, social security tax, or Medicare tax?

  Yes. Go to Step 2.

  No.   You cannot get advance payments of EIC.

Step 2 - Complete Form W-5 and Give It to Your Employer

If you answered "Yes" to all the questions in Step 1, and you wish to get part of your EIC now, you must give your employer a Form W-5 for the year 2000.

Tip: If you are a farm worker and are paid on a daily basis, your employer is not required to pay you the advance amount of EIC. After you have read the instructions and completed Form W-5, give the lower part of the form to your employer. Keep the top part for your records. A part of a blank Form W-5 is shown here.

top of form W-5

The law permits your employer to pay you only part of your EIC during the year in advance payments. You will get the rest of the EIC you are entitled to when you file your tax return in 2001 and claim the EIC.

If you get advance payments of EIC in the year 2000, you must file Form 1040 or Form 1040A for that year (even if you would otherwise not be required to file a tax return). You cannot file Form 1040EZ. You must file a return to report the payments you got in your paycheck throughout the year and to take advantage of any additional EIC.

Frequently Asked Questions About Form W-5

1. How do I get Form W-5? Ask your employer for the form. Or, see How To Get More Information on page 50.

2. What should I do if I have more than one employer? Give a Form W-5 to only one employer.

3. Can I give my employer a Form W-5 if my spouse has given her employer a Form W-5? Yes.

4. How often do I have to file Form W-5? The year 2000 Form W-5 you give to your employer is valid until December 31, 2000. If you expect to be eligible for EIC in 2001 and you want to receive advance payments, you must give your employer a new Form W-5 in 2001. Do this each year you expect to be eligible for the EIC.

5. What should I do if my situation changes after I give Form W-5 to my employer? Give your employer a new Form W-5 if any situation shown in the following table applies to you for 2000.

Table 4. Changes to Advance EIC Status

IF... THEN you must give your employer a new Form W-5. To indicate your change, check...
You no longer have a qualifying child "No" on line 2.
You are no longer eligible for the EIC "No" on line 1.
You no longer want advance payments "No" on line 1.
Your spouse files Form W-5 with his or her employer "Yes" on line 4.

Step 3 - How To Report Advance Payments of EIC

If you receive advance payments of EIC in the year 2000, and you later find out that you are not eligible for some or all of them, you still must report them on your tax return. If you receive advance payments of EIC in the year 2000, you must file a year 2000 tax return to report the payments. Box 9 of your Form W-2 will show the amount you received. See the instructions for Form 1040 or Form 1040A for the line number on which you report advance payments of EIC.

You cannot use Form 1040EZ to report your advance payments. You must file Form 1040 or Form 1040A.

Earned Income Credit


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Friday, 10 Dec 1999 19:38:51 EST