EITC Assistant

Are you eligible to claim the Federal EITC?

a) Do you, your spouse (if filing jointly), and any children you are claiming all have a work-eligible Social Security Number (SSN)?

b) Are you either:

• Claiming children for the EITC; or
• Were at least age 25 and under age 65 at the end of the tax year?

If you answered YES to both of these questions, use the IRS EITC Assistant. If you are eligible for the Federal EITC, you are also eligible for the Colorado EITC. Visit the Colorado EITC for SSN Filers web page to learn more.

If you answered NO to only one of these questions, go to Part 2 to see if you are eligible for the Expanded Colorado EITC. For a printable copy of the eligibility checklist for this year or a prior year, go to form DR 0104TN for that tax year.

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

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.

d0 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?  

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.

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) 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) Is the child either:

• Permanently and totally disabled? 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) 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) Are you (or your spouse, if filing jointly) either:

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

e) Is the child:

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

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, go to Part 5.

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.

Are you eligible for the COEITC without qualifying children?

a) Can you (and your spouse if filing jointly) 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 (or your spouse if filing jointly) either:

• not have a work-eligible social security number, and were at least age 25 but under age 65 at the end of the tax year; OR
• have a work-eligible social security number, and 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 former foster youth or qualified homeless youth?

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. 
 

Does your income meet the EITC limits?

a) Is your investment income less than $11,000? 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:

• $17,640 ($24,210 if married filing jointly) with no qualifying children;
• $46,560 ($53,120 if married filing jointly) with one qualifying child; 
• $52,918 ($59,478 if married filing jointly) with two qualifying children; or
• $56,838 ($63,398 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 and claim your COEITC. More information can be found on the COEITC web page.  

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