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EITC Assistant

Which Earned Income Tax Credit (EITC) is Right For You? 

The Earned Income Tax Credit (EITC) helps low to moderate income workers and families get a tax break. If you qualify, you can use the credit to reduce the taxes you owe, and maybe increase your refund.

For information about other tax credits and subtractions, go to the Families and Individuals Tax Benefits web page.

Answer the following questions to see if you qualify for one of the EITC options for Colorado residents.

Option 1

Are you eligible to claim the Federal EITC, including (if applicable) your spouse and up to 3 of your dependents?

Use the IRS EITC Assistant. 

If you are eligible for the Federal EITC, and you are a full-year or part-year Colorado resident, then you are also eligible for the Colorado EITC. After calculating your Federal EITC, claim your Colorado EITC on form DR 0104CR lines 3-6.
If you, your spouse, or your dependents are not eligible for the Federal EITC, go to Option 2.

If you, your spouse, or your dependents are not eligible for the Federal EITC, go to Option 2.
 

Option 2, Part 1

Are you ineligible to claim (or fully claim) the Federal EITC for only one of the following reasons?

a) Do you, (your spouse, (if filing jointly), or your children have an Individual Taxpayer Identification Number (I T I N) or a Social Security Number (SSN) that is not valid for employment?

b) Do you (and your spouse, if filing jointly) have a work-eligible S S N, but no qualifying children, and were under age 25 at the end of the tax year. For more information about the requirements for Certain Filers Under Age 25, go to the COEITC web page.

If you answered Yes to either of these questions, go to Part 2.

If you answered No to to both of these questions, you are not eligible for the expanded Colorado EITC.

Part 2

Are you ineligible for the Colorado EITC (COEITC)?

a.) Were you (and your spouse, if filing jointly) a full-year nonresident of Colorado for this tax year? See Part 1 of the Colorado Individual Income Tax Guide. 

b.) Are you married but not filing jointly, and you do not meet the special rule for separated spouses? See Rule 3 in IRS Publication 596. 

c.) Are you (or your spouse if filing jointly) treated as a nonresident alien for any part of this tax year? See Rule 4 in IRS Publication 596.

d.) Are you the qualifying child of another person who is required to file a return or who files a return to claim a tax benefit? See Rules 10 and 13 in IRS Publication 596.

e.) Are you filing Federal Form 2555 to report foreign earned income? 

If you answered Yes to any of these questions, you are not eligible for the COEITC. 

If you answered No to all five of these questions, go to Part 3.

Part 3

Can you claim qualifying children for the COEITC?

Answer the following questions for each child you plan to claim. See Rule 8 in IRS Publication 596 for more information. 

If you do not plan to claim any children for this credit, go to Part 4. 

a.) Relationship Test. Is the child your son or daughter, stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild, niece, or nephew)? 

b.) Age Test. Is the child either: 

  • Permanently and totally disabled, which means unable to engage in any substantial gainful activity because of a physical or mental condition, and a doctor has determined that the condition has lasted or can be expected to last continuously for at least a year or can lead to death; or
  • Younger than you (or your spouse if filing jointly), and either: 
    • Under age 19 at the end of the tax year, or 
    • Under age 24 at the end of the tax year and a full time student? 

c.) Residency Test. Did the child have the same main home as you (or your spouse if filing jointly) in the United States for more than half of the tax year?

d.) Joint Return Test. Is the child?

  • Not married;
  • Married filing separately from their spouse; or
  • Married filing jointly, but only claiming a refund of withheld of estimated taxes?

e.) Are you (or spouse, if filing jointly) either:

  • The only person who may claim this child for this tax year; or 
  • The person who may claim this child under the tiebreaker rules for a qualifying child of more than one person? See Rule 9 in IRS Publication 596.

Repeat these questions for each child you plan to claim, up to 3 qualifying children.

If you answered Yes to all five of these questions, the child is your qualifying child for the COEITC. If you have up to 3 qualifying children, make sure to enter them in the Dependents table on form DR 0104. Then go to Part 5 on this page.

If you answered No to any of these questions, the child is not your qualifying child for the COEITC. If you do not have any qualifying children, go to Part 4.

Part 4

Are you eligible for the COEITC without qualifying children? 

a.) Can you (and your spouse if filing jointly) NOT not be claimed as a dependent on anyone else’s return? See Rule 12 in IRS Publication 596. 

b.) Was your main home (and your spouse’s if filing jointly) in the United States for more than half of the tax year? See Rule 14 in IRS Publication 596. 

c.) Do you meet the following requirements?

  • You (or your spouse if filing jointly) do not have a work-eligible social security number, and you (or your spouse if filing jointly) were at least age 25 but under age 65 at the end of the tax year; or
  • You (and your spouse if filing jointly) have a work-eligible social security number, and you (or your spouse if filing jointly) were either:
    • Age 24 at the end of the tax year and a specified student, or
    • Age 19-24 at the end of the tax year and not a specified student, or
    • Age 18-24 at the end of the tax year and a qualified homeless youth or qualified former foster youth

For more information about the requirements for Certain Filers Under Age 25, go to the COEITC web page.

If you answered Yes to all three of these questions, go to Part 5.

If you answered No to any of these questions, you are not  eligible for the Expanded COEITC.

Part 5

Does your income meet the EITC limits? These amounts are for tax year 2024. For another tax year, go to the appropriate form DR 0104TN.

a) Is your investment income less than $11,600? See Rule 6 in IRS Publication 596.

b) Is your total earned income at least $1? See Rule 7 in IRS Publication 596.

c) Are both your total earned income (see Rule 15 in IRS Publication 596) and your adjusted gross income (line 11 on Form 1040, 1040 SR, or 1040 SP) less than:

  • $18,591 ($25,511 if married filing jointly) with no qualifying children;
  • $49,084 ($56,004 if married filing jointly) with one qualifying child; 
  • $55,768 ($62,688 if married filing jointly) with two qualifying children; or
  • $59,899 ($66,819 if married filing jointly) with three or more qualifying children?

If you answered Yes to all three of these questions, complete form DR 0104TN to calculate you COEITC. 

If you answered No to any of these questions, you are not eligible for the COEITC.

For more information, see the CTC & EITC Frequently Asked Questions and Income Tax Topics: Earned Income Tax Credit.