F.A.Q

Find answers to frequently asked questions about taxes. These Tax Topics contain general individual and business tax information. Visit often as we add and update more topics just for you!

Is there an age limit on claiming my child as a dependent?

To claim your child as your dependent, your child must meet either the qualifying child test or the qualifying relative test:

  • To meet the qualifying child test, your child must be younger than you and either younger than 19 years old or be a “student” younger than 24 years old as of the end of the calendar year.
  • There’s no age limit if your child is “permanently and totally disabled” or meets the qualifying relative test.

In addition to meeting the qualifying child or qualifying relative test, you can claim that person as a dependent only if these three tests are met:

  1. Dependent taxpayer test
  2. Citizen or resident test, and
  3. Joint return test

I received an incorrect Form W-2. My former employer won’t issue me a corrected Form W-2. What should I do?

If by the end of February, your Form W-2, Wage and Tax Statement has not been corrected by your employer after you attempted to have your employer or payer issue a corrected form, you can request that an IRS representative initiate a Form W-2 complaint. Call the IRS toll free at 800-829-1040 or make an appointment to visit an IRS Taxpayer Assistance Center (TAC). 

Depending on the time of year, the IRS may have federal wage information in the form of a wage transcript. See Topic 159 for more information on how to get a transcript of W-2 information.

When you call the IRS or visit a TAC office, please have the following information available:

  • Your employer’s or payer’s name and complete address including ZIP code, phone number, and
  • Your name, address including ZIP code, social security number, phone number, and dates of employment.

If you file your return and attach Form 4852, you’ll need to estimate the wages you earned, taxes withheld, and the period for which you did not receive or received an incorrect Form W-2. You should base the estimate on year-to-date information from your final pay stub, if possible. When filing a Form 4852 instead of a Form W-2, there may be delays processing your refund while we verify the information you gave us.

To help protect your social security benefits, keep a copy of Form 4852 until you begin receiving social security benefits, just in case there’s a question about your work record and/or earnings in a particular year. After September 30 following the date shown on Form 4852 line 4, use a my Social Security online account or contact your local SSA office to verify wages reported by your employer.

  1. If you receive a corrected Form W-2 after you filed your return with Form 4852, and the information differs from the information reported on your return, you must amend your return by filing Form 1040-X, Amended U.S. Individual Income Tax Return.

What's the difference between a Form W-2 and a Form 1099-MISC or Form 1099-NEC?

Although these forms are called information returns, they serve different functions.

Employers use Form W-2, Wage and Tax Statement to:

  • Report wages, tips, and other compensation paid to an employee.
  • Report the employee’s income and social security taxes withheld and other information.

Employers furnish the Form W-2 to the employee and the Social Security Administration. The Social Security Administration shares the information with the Internal Revenue Service.

Payers use Form 1099-MISC, Miscellaneous Information or Form 1099-NEC, Nonemployee Compensation to:

  • Report payments made of at least $600 in the course of a trade or business to a person who’s not an employee for services, payments to an attorney, or any amount of federal income tax withheld under the backup withholding rules (Form 1099-NEC).
  • Report payments of $10 or more made in the course of a trade or business in gross royalties or broker payments in lieu of dividends or tax-exempt interest or $600 or more made in the course of a trade or business in rents or for other specified purposes (Form 1099-MISC).
  • Report sales totaling $5,000 or more of consumer products to a person on a buy-sell, a deposit-commission, or other commission basis for resale (Form 1099-NEC or Form 1099-MISC).
  • Report payment information to the IRS and the person or business that received the payment.

I'm a minister and receive a salary plus a housing allowance. Is the housing allowance considered income and where do I report it?

A minister’s housing allowance (sometimes called a parsonage allowance or a rental allowance) is excludable from gross income for income tax purposes but not for self-employment tax purposes.

If you receive as part of your salary (for services as a minister) an amount officially designated (in advance of payment) as a housing allowance, and the amount isn’t more than reasonable pay for your services, you can exclude from gross income the lesser of the following amounts:

the amount officially designated (in advance of payment) as a housing allowance;

the amount actually used to provide or rent a home; or

the fair market rental value of the home (including furnishings, utilities, garage, etc.).

The payments officially designated as a housing allowance must be used in the year received.

Include any amount of the allowance that you can’t exclude as wages on line 1a of Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors. Enter “Excess allowance” and the amount on the dotted line next to line 1a.

If your congregation furnishes housing in kind as pay for your services as a minister instead of a housing allowance, you may exclude the fair market rental value of the housing from income, but you must include the fair market rental value of the housing in net earnings from self-employment for self-employment tax purposes.

For more information on a minister’s housing allowance, refer to Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers.

For information on earnings for clergy and reporting of self-employment tax, refer to Tax Topic 417, Earnings for Clergy

If both parents who were never married want to claim the earned income credit, which parent is entitled to claim the credit as an eligible individual with a qualifying child? (updated September 23, 2022)

If they otherwise meet all of the requirements to claim the earned income tax credit (EITC), unmarried parents with a qualifying child may choose which parent will claim the qualifying child for the EITC.

  • If there are two qualifying children, each parent may claim the credit based on one child.
  • One parent may claim the credit based on both children.
  • If both parents claim the same qualifying child for the EITC, but don’t file a joint return together, the IRS will apply tie-breaker rules and treat the child as the qualifying child of the parent with whom the child lives for the longer amount of time in the tax year. If the child lives with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who has the higher adjusted gross income (AGI) for the tax year.

There are instances where neither parent can claim the child as a qualifying child, and some other person is entitled to claim the child as a qualifying child for purposes of the EITC. In instances where some other person or persons may claim the child as a qualifying child for purposes of the EITC:

  • If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who has the highest AGI for the tax year.
  • If a parent can claim the child as a qualifying child but neither parent claims the child, the child is treated as the qualifying child of the person who has the highest AGI, but only if that person’s AGI is higher than the AGI of any of the child’s parents who can claim the child as a qualifying child.

May a noncustodial parent claim the child tax credit for his or her child?

Yes, a noncustodial parent may claim the child tax credit for his or her child if he or she is allowed to claim the child as a dependent and otherwise qualifies to claim the child tax credit.

A noncustodial parent must also attach to his or her return a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a substantially similar statement, signed by the custodial parent to claim the child as a dependent.

Must I be entitled to claim a child as a dependent to claim the earned income credit based on the child being my qualifying child?

Generally, you don’t have to be entitled to claim the child as a dependent to claim the earned income credit based on the child being your qualifying child, because the support test for qualifying child as a dependent does not apply for the earned income credit. However, if your qualifying child was married at the end of your tax year, generally, he or she can’t be your qualifying child unless you meet one of the following conditions:

  • You’re entitled to claim the child as a dependent, or
  • The reason you’re not entitled to claim the child as a dependent is that you released a claim to a dependency exemption for the child under the special rule for divorced or separated parents or parents who live apart

Is child support considered earned income when calculating the earned income credit?

No, for purposes of calculating the earned income credit, child support isn’t considered earned income.

Examples of items that aren’t earned income include interest and dividends, pensions and annuities, social security and railroad retirement benefits (including disability benefits), alimony and child support, welfare benefits, workers’ compensation benefits, unemployment compensation (insurance), nontaxable foster care payments, and veterans’ benefits, including VA rehabilitation payments. Don’t include any of these items in your earned income.

May I claim the child tax credit/additional child tax credit or credit for other dependents as well as the child and dependent care credit?

Yes, you may claim the child tax credit (CTC)/additional child tax credit (ACTC) or credit for other dependents (ODC) as well as the child and dependent care credit on your return, if you qualify for those credits.

I heard there's a credit for hiring certain groups of workers, such as veterans or ex-felons. Is that the same thing as the work opportunity tax credit?

Yes. The work opportunity tax credit (WOTC) provides an incentive to hire individuals from targeted groups that have a particularly high unemployment rate or other special employment needs.

 

The Taxpayer Certainty and Disaster Tax Relief Act of 2020 extended the ability to claim the WOTC for members of targeted groups that begin working for the employer after 2020 and before 2026. Generally, the WOTC is equal to 40 percent of the qualified wages paid to a targeted group employee who performs at least 400 hours of service during his or her first year of employment with the employer.

 

You must pre-screen and obtain certification from your state workforce agency (SWA) that an individual is a targeted group member before you claim the credit. To satisfy the requirement to pre-screen, on or before the day a job offer is made, Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit must be completed by you and the job applicant. Generally, you obtain certification by submitting Form 8850 to the SWA. You must submit the form not later than the 28th day after the individual begins work for you. 

 

Newly hired individuals from the following targeted groups might qualify you for this tax credit:

 

A long-term family assistance recipient.

A qualified recipient of Temporary Assistance for Needy Families (TANF).

A qualified veteran.

A qualified ex-felon.

A designated community resident.

A vocational rehabilitation referral.

A qualified summer youth employee.

A qualified Supplemental Nutrition Assistance Program (SNAP) benefits (food stamps) recipient.

A qualified SSI recipient.

A qualified long-term unemployment recipient.

If you’re a partnership, S corporation, cooperative, estate, or trust, you calculate the credit by completing Form 5884, Work Opportunity Credit and filing with your tax return or on Form 3800, General Business Credit, as appropriate. If your only source for the credit is a partnership, S corporation, cooperative, estate, or trust, you aren’t required to complete or file Form 5884, instead report the credit directly on Form 3800. If you’re a qualified tax-exempt organization, calculate and claim the credit by completing Form 5884-C, Work Opportunity Credit for Qualified Tax-Exempt Organizations Hiring Qualified Veterans. See the Instructions for Form 5884 and the Instructions for Form 5884-C.