Penny J. Sutherland - Page 7




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         qualifying child as one who satisfied the relationship, residency,           
         and age tests (discussed supra), as well as the section                      
         32(c)(3)(A)(iv) “identification test”. See Omnibus Budget                    
         Reconciliation Act of 1990 (OBRA), Pub. L. 101-508, sec. 11111(a),           
         104 Stat. 1388, 1388-408 (amending sec. 32).                                 
              The identification test required a taxpayer to include on his           
         or her income tax return the name, age, and taxpayer identification          
         number of each qualifying child with respect to whom he or she               
         claimed the earned income credit.  See sec. 32(c)(3)(D).3  The               
         section 32(c)(3)(A) definition of a qualifying child, however, was           
         amended in 1998 (the 1998 amendment), and amended section 32(c)(3)           
         no longer required the identification of a qualifying child on the           
         qualified individual’s income tax return.  See Internal Revenue              


               3    Former sec. 32(c)(3)(D) provided:                                 
               (D) Identification requirements.--                                     
                    (i)  In general.-–The requirements of this                        
               subparagraph are met if the taxpayer includes the name,                
               age, and TIN of each qualifying child (without regard                  
               to this subparagraph) on the return of tax for the                     
               taxable year.                                                          
                    (ii) Other methods.-–The Secretary may prescribe                  
               other methods for providing the information described                  
               in clause (i).                                                         
               A Social Security number did not have to be furnished on a             
          return for the 1995 tax year, in the case of qualifying children            
          born after Oct. 1, 1995.  For a return for the 1996 tax year, the           
          requirement is waived for qualifying children born after Nov. 30,           
          1996.  See Uruguay Round Agreements Act, Pub. L. 103-465, sec.              
          742(c)(2), 108 Stat. 5010 (1994).                                           





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