Internal Revenue Code · 26 U.S.C.
§ 32. Earned income
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 32
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- March 29, 1975 by Pub. L. 94–12
- Last amended
- March 11, 2021 by Pub. L. 117–2
- Amendments
- 35 dated changes in the source credit
- Length
- 14 subsections · 3,380 words · about 15 min to read
- Defines
- 13 terms
- Cross-references
- cites 17; cited by 9 Code sections and 17 other regulations
- Regulations
- 2 issued under this section
In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer’s earned income for the taxable year as does not exceed the earned income amount.
The credit percentage and the phaseout percentage shall be determined as follows:
In the case of an eligible individual with: | The credit percentage is: | The phaseout percentage is: |
|---|---|---|
1 qualifying child | 34 | 15.98 |
2 qualifying children | 40 | 21.06 |
3 or more qualifying children | 45 | 21.06 |
No qualifying children | 7.65 | 7.65 |
Subject to subparagraph (B), the earned income amount and the phaseout amount shall be determined as follows:
In the case of an eligible individual with: | The earned income amount is: | The phaseout amount is: |
|---|---|---|
1 qualifying child | $6,330 | $11,610 |
2 or more qualifying children | $8,890 | $11,610 |
No qualifying children | $4,220 | $5,280 |
In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000.
If an individual is the qualifying child of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall not be treated as an eligible individual for any taxable year of such individual beginning in such calendar year.
The term “eligible individual” does not include any individual who claims the benefits of section 911 (relating to citizens or residents living abroad) for the taxable year.
The term “eligible individual” shall not include any individual who is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013.
The term “qualifying child” means a qualifying child of the taxpayer (as defined in section 152(c), determined without regard to paragraph (1)(D) thereof and section 152(e)).
The term “qualifying child” shall not include an individual who is married as of the close of the taxpayer’s taxable year unless the taxpayer is entitled to a deduction under section 151 for such taxable year with respect to such individual (or would be so entitled but for section 152(e)).
For purposes of subparagraph (A), the requirements of section 152(c)(1)(B) shall be met only if the principal place of abode is in the United States.
The Secretary may prescribe other methods for providing the information described in clause (i).
For purposes of paragraphs (1)(A)(ii)(I) and (3)(C), the principal place of abode of a member of the Armed Forces of the United States shall be treated as in the United States during any period during which such member is stationed outside the United States while serving on extended active duty with the Armed Forces of the United States. For purposes of the preceding sentence, the term “extended active duty” means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.
In the case of an individual who is married, this section shall apply only if a joint return is filed for the taxable year under section 6013.
Except as provided in subparagraph (B), marital status shall be determined under section 7703(a).
Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.
The amount of the credit allowed by this section shall be determined under tables prescribed by the Secretary.
No credit shall be allowed under this section for any taxable year in the disallowance period.
In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.
Solely for purposes of subsections (c)(1)(E) and (c)(3)(D), a taxpayer identification number means a social security number issued to an individual by the Social Security Administration (other than a social security number issued pursuant to clause (II) (or that portion of clause (III) that relates to clause (II)) of section 205(c)(2)(B)(i) of the Social Security Act) on or before the due date for filing the return for the taxable year.
Subsection (c)(1)(A)(ii)(II) shall be applied by substituting “the applicable minimum age” for “age 25”.
For purposes of this paragraph, the term “specified student” means, with respect to any taxable year, an individual who is an eligible student (as defined in section 25A(b)(3)) during at least 5 calendar months during the taxable year.
For purposes of this paragraph, the term “qualified homeless youth” means, with respect to any taxable year, an individual who certifies, in a manner as provided by the Secretary, that such individual is either an unaccompanied youth who is a homeless child or youth, or is unaccompanied, at risk of homelessness, and self-supporting.
Subsection (c)(1)(A)(ii)(II) shall be applied without regard to the phrase “but not attained age 65”.
(Added Pub. L. 94–12, title II, § 204(a), Mar. 29, 1975, 89 Stat. 30, § 43; amended Pub. L. 94–164, § 2(c), Dec. 23, 1975, 89 Stat. 971; Pub. L. 94–455, title IV, § 401(c)(1)(B), (2), Oct. 4, 1976, 90 Stat. 1557; Pub. L. 95–600, title I, §§ 104(a)–(e), 105(a), Nov. 6, 1978, 92 Stat. 2772, 2773; Pub. L. 95–615, § 202(g)(5), formerly § 202(f)(5), Nov. 8, 1978, 92 Stat. 3100, renumbered § 202(g)(5) and amended Pub. L. 96–222, title I, §§ 101(a)(1), (2)(E), 108(a)(1)(A), Apr. 1, 1980, 94 Stat. 194, 195, 223; Pub. L. 97–34, title I, §§ 111(b)(2), 112(b)(3), Aug. 13, 1981, 95 Stat. 194, 195; Pub. L. 98–21, title I, § 124(c)(4)(B), Apr. 20, 1983, 97 Stat. 91; renumbered § 32 and amended Pub. L. 98–369, div. A, title IV, §§ 423(c)(3), 471(c), title X, § 1042(a)–(d)(2), July 18, 1984, 98 Stat. 801, 826, 1043; Pub. L. 99–514, title I, §§ 104(b)(1)(B), 111(a)–(d)(1), title XII, § 1272(d)(4), title XIII, § 1301(j)(8), Oct. 22, 1986, 100 Stat. 2104, 2107, 2594, 2658; Pub. L. 100–647, title I, §§ 1001(c), 1007(g)(12), Nov. 10, 1988, 102 Stat. 3350, 3436; Pub. L. 101–508, title XI, §§ 11101(d)(1)(B), 11111(a), (b), (e), Nov. 5, 1990, 104 Stat. 1388–405, 1388–408, 1388–412, 1388–413; Pub. L. 103–66, title XIII, § 13131(a)–(d)(1), Aug. 10, 1993, 107 Stat. 433–435; Pub. L. 103–465, title VII, §§ 721(a), 722(a), 723(a), 742(a), Dec. 8, 1994, 108 Stat. 5002, 5003, 5010; Pub. L. 104–7, § 4(a), Apr. 11, 1995, 109 Stat. 95; Pub. L. 104–193, title IV, § 451(a), (b), title IX, §§ 909(a), (b), 910(a), (b), Aug. 22, 1996, 110 Stat. 2276, 2277, 2351, 2352; Pub. L. 105–34, title I, § 101(b), title III, § 312(d)(2), title X, § 1085(a)(1), (b)–(d), Aug. 5, 1997, 111 Stat. 798, 840, 955, 956; Pub. L. 105–206, title VI, §§ 6003(b), 6010(p)(1), (2), 6021(a), (b), July 22, 1998, 112 Stat. 791, 816, 817, 823, 824; Pub. L. 106–170, title IV, § 412(a), Dec. 17, 1999, 113 Stat. 1917; Pub. L. 107–16, title II, § 201(c)(3), title III, § 303(a)–(f), (h), June 7, 2001, 115 Stat. 47, 55–57; Pub. L. 107–147, title IV, § 416(a)(1), Mar. 9, 2002, 116 Stat. 55; Pub. L. 108–311, title I, § 104(b), title II, § 205, Oct. 4, 2004, 118 Stat. 1169, 1176; Pub. L. 109–135, title III, § 302(a), Dec. 21, 2005, 119 Stat. 2608; Pub. L. 109–432, div. A, title I, § 106(a), Dec. 20, 2006, 120 Stat. 2938; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(O), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–245, title I, § 102(a), June 17, 2008, 122 Stat. 1625; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(O), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–5, div. B, title I, § 1002(a), Feb. 17, 2009, 123 Stat. 312; Pub. L. 111–226, title II, § 219(a)(2), Aug. 10, 2010, 124 Stat. 2403; Pub. L. 111–312, title I, § 103(c), Dec. 17, 2010, 124 Stat. 3299; Pub. L. 112–240, title I, § 103(c), Jan. 2, 2013, 126 Stat. 2319; Pub. L. 113–295, div. A, title II, §§ 206(a), 221(a)(3), Dec. 19, 2014, 128 Stat. 4027, 4037; Pub. L. 114–113, div. Q, title I, § 103(a)–(c), title II, § 204(a), Dec. 18, 2015, 129 Stat. 3044, 3045, 3081; Pub. L. 115–97, title I, § 11002(d)(1)(D), Dec. 22, 2017, 131 Stat. 2060; Pub. L. 115–141, div. U, title I, § 101(a), title IV, § 401(b)(4), Mar. 23, 2018, 132 Stat. 1160, 1201; Pub. L. 117–2, title IX, §§ 9621(a), 9622(a), 9623(a), (b), 9624(a), (b), Mar. 11, 2021, 135 Stat. 152–154.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- applicable minimum age § 32(n)(1)(B)
- disqualified income § 32(i)(2)
- earned income § 32(c)(2)(A)
- eligible individual § 32(c)(1)(A)
- eligible individual § 32(c)(1)(C)
- eligible individual § 32(c)(1)(D)
- extended active duty § 32(c)(4)
- passive activity § 32(i)(2)(E)(ii)
- qualified former foster youth § 32(n)(1)(D)
- qualified homeless youth § 32(n)(1)(E)
- qualifying child § 32(c)(3)(A)
- qualifying child § 32(c)(3)(B)
- specified student § 32(n)(1)(C)
Regulations under this section
Treasury regulations (26 CFR) issued under § 32
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 17 other sections
- § 151 Allowance of deductions for personal exemptions
- § 911 Citizens or residents of the United States living abroad
- § 6013 Joint returns of income tax by husband and wife
- § 1402(a) Definitions
- § 164(f) Taxes
- § 871(a) Tax on nonresident alien individuals
- § 112 Certain combat zone compensation of members of the Armed Forces
- § 152(c) Dependent defined
- § 7703(a) Determination of marital status
- § 121(d)(3)(C) Exclusion of gain from sale of principal residence
- § 219(a) Retirement savings
- § 303(c) Distributions in redemption of stock to pay death taxes
- § 1222 Other terms relating to capital gains and losses
- § 469 Passive activity losses and credits limited
- § 1(f)(3) Tax imposed
- § 221(d)(3) Interest on education loans
- § 25A(b)(3) American Opportunity and Lifetime Learning credits
Cited by 9 Code sections
- § 21(g)(1) Expenses for household and dependent care services necessary for gainful employment
- § 24(d)(1)(B)(i) Child tax credit
- § 86(f)(2) Social security and tier 1 railroad retirement benefits
- § 129(e)(2) Dependent care assistance programs
- § 152(f)(6)(B)(iv) Dependent defined
- § 995(f)(2)(C) Taxation of DISC income to shareholders
- § 6051(a)(10) Receipts for employees
- § 6213(g)(2)(F) Restrictions applicable to deficiencies; petition to Tax Court
- § 7526A(e)(3) Return preparation programs for applicable taxpayers
Cited in 17 regulations not issued under it
- § 1.21-2 Limitations on amount creditable.
- § 1.28-1 Credit for clinical testing expenses for certain drugs for rare diseases or conditions.
- § 1.61-7 Interest.
- § 1.669(a)-2 Rules applicable to section 669 computations.
- § 1.692-1 Abatement of income taxes of certain members of the Armed Forces of the United States upon death.
- § 1.871-7 Taxation of nonresident alien individuals not engaged in U.S. business.
- § 1.871-8 Taxation of nonresident alien individuals engaged in U.S. business or treated as having effectively connected income.
- § 1.876-1 Alien residents of Puerto Rico, Guam, American Samoa, or the Northern Mariana Islands.
- § 1.881-2 Taxation of foreign corporations not engaged in U.S. business.
- § 1.882-1 Taxation of foreign corporations engaged in U.S. business or of foreign corporations treated as having effectively connected income.
- § 1.932-1 Coordination of United States and Virgin Islands income taxes.
- § 1.935-1 Coordination of individual income taxes with Guam and the Northern Mariana Islands.
- § 1.993-1 Definition of qualified export receipts.
- § 1.6016-1 Declarations of estimated income tax by corporations.
- § 1.6695-2 Tax return preparer due diligence requirements for certain tax returns and claims.
- § 301.6103(j)(1)-1 Disclosures of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities.
- § 301.6211-1 Deficiency defined.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 117–2Parts changed in 2021: (c)(1)(A) (c)(1)(E)(ii) (c)(1)(F) (d) (d)(1) (i)(1) (j)(1) (j)(1)(B)(i) (j)(1)(B)(iii) (n)
- Amended by Pub. L. 115–141Parts changed in 2018: (b)(2)(B) (j)(1) (j)(1)(B) (j)(1)(B)(i) (j)(1)(B)(ii) (l)
- Amended by Pub. L. 115–97Parts changed in 2017: (b)(2)(B)(ii)(II)
- Amended by Pub. L. 114–113Parts changed in 2015: (b)(1) (b)(2)(B) (b)(3) (m)
- Amended by Pub. L. 113–295Parts changed in 2014: (b)(1) (b)(2)(B) (b)(3)(B)(ii)
- Amended by Pub. L. 112–240Parts changed in 2013: (b)(3)
- Amended by Pub. L. 111–312Parts changed in 2010: (b)(3) (g)
- Amended by Pub. L. 111–226
- Amended by Pub. L. 111–5Parts changed in 2009: (b)(3)
- Amended by Pub. L. 110–246Parts changed in 2008: (c)(2)(B)(vi) (l)(5)
- Amended by Pub. L. 110–245
- Amended by Pub. L. 110–234
- Amended by Pub. L. 109–432Parts changed in 2006: (c)(2)(B)(vi)(II)
- Amended by Pub. L. 109–135Parts changed in 2005: (c)(2)(B)(vi)(II)
- Amended by Pub. L. 108–311Parts changed in 2004: (c)(1)(C) (c)(2)(B)(vi) (c)(3) (c)(4) (m)
- Amended by Pub. L. 107–147Parts changed in 2002: (g)(2)
- Amended by Pub. L. 107–16Parts changed in 2001: (a)(2)(B) (b)(2) (c)(1)(C) (c)(2)(A)(i) (c)(3)(A)(ii) (c)(3)(B)(i) (c)(3)(B)(iii) (c)(3)(E) (c)(5) (f)(2)(B) (h) (j)(1)(B) (j)(2)(A) (n)
- Amended by Pub. L. 106–170Parts changed in 1999: (c)(3)(B)(iii)
- Amended by Pub. L. 105–206Parts changed in 1998: (c)(1)(F) (c)(1)(G) (c)(2)(B)(v) (c)(3)(A)(ii) (c)(3)(D)(i) (c)(5)(A) (c)(5)(B) (c)(5)(C) (m)
- Amended by Pub. L. 105–34Parts changed in 1997: (c)(2)(B)(v) (c)(4) (c)(5)(B) (c)(5)(B)(iv) (c)(5)(B)(v) (k) (l) (m)
- Amended by Pub. L. 104–193Parts changed in 1996: (a)(2)(B) (b)(2) (c)(1)(C) (c)(1)(F) (c)(5) (f)(2)(B) (i)(1) (i)(2) (j) (l)
- Amended by Pub. L. 104–7Parts changed in 1995: (i)
- Amended by Pub. L. 103–465Parts changed in 1994: (c)(1)(E) (c)(2)(B)(iv) (c)(3)(D)(i) (c)(4)
- Amended by Pub. L. 103–66Parts changed in 1993: (a) (b) (c)(1)(A) (c)(3)(D)(ii) (i)(1) (i)(2)
- Amended by Pub. L. 101–508Parts changed in 1990: (a) (b) (c) (i)(1)(B) (i)(2)(A) (i)(2)(B) (j)
- Amended by Pub. L. 100–647Parts changed in 1988: (h) (i)(3)
- Amended by Pub. L. 99–514Parts changed in 1986: (a) (b) (c)(1)(A)(i) (c)(1)(C) (d) (f)(2)(A) (i)
- Amended by Pub. L. 98–369Parts changed in 1984: (a) (b)(1) (b)(2) (c)(1)(A)(i) (c)(1)(B) (f)(2)(A) (f)(2)(B) (h)
- Amended by Pub. L. 98–21Parts changed in 1983: (c)(2)(A)(ii)
- Amended by Pub. L. 97–34Parts changed in 1981: (c)(1)(C)
- Amended by Pub. L. 96–222Parts changed in 1980: (c)(1)(C) (g)
- Amended by Pub. L. 95–615Parts changed in 1978: (a) (b) (c)(1) (c)(1)(C) (c)(2)(B) (f) (h)
- Amended by Pub. L. 95–600
- Amended by Pub. L. 94–455Parts changed in 1976: (a) (b) (c)(1)(A)
- Amended by Pub. L. 94–164Parts changed in 1975: (a) (b)
- Added by Pub. L. 94–12
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter A Determination of Tax Liability
- Part IV CREDITS AGAINST TAX
- Subpart C Refundable Credits
Nearby sections
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.