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Save money—legally—on your 2024-25 taxes with easy, expert advice from America's most trusted personal and small business tax advisor
In the newly revised edition of J.K. Lasser's 1001 Deductions and Tax Breaks 2025: Your Complete Guide to Everything Deductible, renowned small business tax attorney Barbara Weltman walks you through every relevant tax credit and deduction you're entitled to claim on your 2024 return, including brand new tax breaks introduced just this year. You'll find hundreds of money-saving opportunities that help ensure you don't overpay on your taxes, giving Uncle Sam exactly what you're legally required to give him—and not a penny more!
You'll also find:
Perfect for every individual US taxpayer who has ever wondered, “Can I claim X?” or “Can I deduct this expense?”, J.K. Lasser's 1001 Deductions and Tax Breaks is a straightforward and authoritative roadmap to saving money on your taxes and simplifying tax season.
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Cover
Table of Contents
Title Page
Copyright
Introduction
Tax-Favored Items
Limits on Qualifying for Tax-Favored Items
Standard Deduction versus Itemized Deductions
Impact of Deductions on Your Chances of Being Audited
How to Use This Book
CHAPTER 1: You and Your Family
Marital Status
Dependents
Qualifying Child
Qualifying Relative
Child Tax Credit
Earned Income Credit
Dependent Care Expenses
Adoption Costs
Foster Care
Child Support
Alimony
ABLE Accounts
CHAPTER 2: Medical Expenses
Individual Mandate
Employer-Provided Health Insurance
Premium Tax Credit
Itemized Medical Expenses
Self-Employed Health Insurance Deduction
Long-Term Care Coverage
Flexible Spending Accounts for Health Care
Health Reimbursement Arrangements
Individual Coverage HRAs
Excepted Benefit HRAs
QSEHRAs
Health Savings Accounts
Archer Medical Savings Accounts
ABLE Accounts
COBRA Coverage
Medicare
Continuing Care Facilities and Nursing Homes
Accelerated Death Benefits
Decedent’s Final Illness
Medical Insurance Rebates
Forgiveness of Medical Debt
CHAPTER 3: Education Costs
FAFSA Submissions
Employer-Paid Education Assistance
Scholarships, Fellowships, and Grants
American Opportunity Credit
Lifetime Learning Credit
Work-Related Education
Student Loan Interest
Savings Bonds for Education
Coverdell Education Savings Accounts
Qualified Tuition Programs (529 Plans)
ABLE Accounts
Seminars
Educational Travel
Cancellation of Student Loans
Penalty-Free Withdrawals from IRAs
Government Reimbursements
Internships and Apprenticeships
CHAPTER 4: Your Home
Mortgages
Mortgage Interest Tax Credit
Home Equity Loans
Points
Prepayment Penalties
Late Payment Penalties
Reverse Mortgages
Cancellation of Mortgage Debt
Penalty-Free IRA Withdrawals for Home-Buying Expenses
Real Estate Taxes
Cooperative Housing
Minister’s Housing Allowance
Home Sale Exclusion
Moving Expenses for Active Duty Military Personnel
Energy Improvements
ABLE Accounts
Disaster Rules for Casualties to Your Home
Government Assistance
Home Office Deduction
CHAPTER 5: Retirement Savings
Traditional IRAs
Roth IRAs
Roth IRA Conversions
IRA Rollovers
Overview of 401(k) and Similar Plans
Starter 401(k)
Regular 401(k)
Self-Employed Retirement Plans
SEPs
SIMPLEs
Retirement Saver’s Credit
Custodial/Trustee Fees
Employer-Paid Retirement Planning Advice
Charitable Transfers of IRA Distributions
Qualified Longevity Annuity Contracts
Loans from Qualified Retirement Plans
PLESAs
Hardship Distributions from Retirement Plans
Special Rules for Federal Disasters
CHAPTER 6: Charitable Giving
Cash Donations
Appreciated Property Donations
Used Clothing and Car Donations
Intellectual Property Donations
Real Estate Donated for Conservation Purposes
Bargain Sales
Volunteer Expenses
Tickets to Fund-Raisers, Raffles, and Sporting Events
Membership Fees to Nonprofit Organizations
Student Exchange Program
Special Inventory Donations
Donor-Advised Funds
Charitable Gift Annuities
Sophisticated Charitable Giving Arrangements
IRA Transfers to Charity
Leave-Based Donation Programs
Record Keeper for Your Charitable Giving
CHAPTER 7: Your Car
Business Use of Your Personal Car
Employer-Provided Car
Vehicle Registration Fees
Car Accidents and Other Car-Related Problems
Donating Your Car
Credits for Clean Vehicles
Credit for an EV Charging Station
CHAPTER 8: Investing
Penalty on Early Withdrawal of Savings
Loss on Bank Deposits
Capital Losses
Capital Gains and Qualified Dividends
Worthless Securities
Loss on Section 1244 Stock
Margin Interest and Other Investment-Related Borrowing
Amortization of Bond Premium
Municipal Bonds
Savings Bonds
Gain on the Sale of Small Business Stock
Gain on DC Zone Assets
Gain on Reinvestments in Opportunity Zones
Foreign Taxes on Investments
Exercise of Incentive Stock Options
Losses from Investment Ponzi Schemes
Deferral of Income in Commercial Annuities
Losses on Digital Assets
CHAPTER 9: Travel
Business Travel
Temporary Work Assignments
Conventions
Medical Travel
Charitable Travel
Education-Related Travel
National Guard and Military Reservist Travel
Frequent Flier Miles
Recordkeeping for Travel Expenses
CHAPTER 10: Real Estate
Vacation Home
Home Office
Timeshares
Rentals
Low-Income Housing Credit
Rehabilitation Credit
Like-Kind Exchanges
Deduction for Energy-Efficient Commercial Buildings
Qualified Improvement Property
Conservation Easements
CHAPTER 11: Borrowing and Interest
Home Mortgage Interest
Student Loan Interest
Borrowing from Retirement Plans
Investment-Related Interest
Business Interest
Accrued Interest on Bond Purchases
Below-Market Loans
Bad Debts
Debt Forgiveness
CHAPTER 12: Insurance and Catastrophes
Casualty, Theft, and Disaster Losses
Disaster Relief Payments
Damages
Disability Coverage
Accelerated Death Benefits
Legal Fees
Identity Theft Losses
Tax Identity Theft and Relief
CHAPTER 13: Your Job
Educator Expenses
Prizes and Awards
Performing Artists
State or Local Government Officials Paid on a Fee Basis
Repayment of Supplemental Unemployment Benefits
Jury Duty Pay Turned Over to Your Employer
Impairment-Related Expenses
Military Benefits
Contributions to State Benefit Programs
Dependent Care Assistance
Fringe Benefits
Income Earned Abroad
CHAPTER 14: Your Business
Start-Up Costs
Qualified Business Income Deduction
Equipment Purchases
Payment for Services
Supplies
Gifts
Self-Employment Tax Deduction
Home Office Deduction
Farming-Related Breaks
Other Business Deductions
Business Credits
Net Operating Losses
CHAPTER 15: Miscellaneous Items
State and Local Income Taxes
State and Local Sales Taxes
Certain Federal Taxes
Tax Refunds
Legal Fees
Gifts You Receive
Inheritances
Life Insurance Proceeds
Gambling Losses
Estate Tax Deduction on Income in Respect of a Decedent
Rebates and Discounts
Government Benefits
Olympic Medals
Alternative Minimum Tax
APPENDIX A: Items Adjusted Annually for Inflation
APPENDIX B: Checklist of Tax-Free Items
APPENDIX C: Checklist of Nondeductible Items
Nondeductible Items
APPENDIX D: Common Mistakes to Avoid
Index
End User License Agreement
f03
TABLE I.1
Standard Deduction Amounts for 2024
Chapter 1
TABLE 1.1
Phaseout of Child Tax Credit over MAGI Limits in 2024
TABLE 1.2
Maximum Earned Income Credit for 2024
TABLE 1.3
Earned Income Needed for Top Credit in 2024
TABLE 1.4
AGI Phaseout Range for the Earned Income Credit in 2024
TABLE 1.5
Dependent Care Credit Limits
TABLE 1.6
MAGI Phaseout Range for the Adoption Credit in 2024
TABLE 1.7
Year to Claim the Credit for Adoption of a U.S. Citizen or Residen
...
TABLE 1.8
Year to Claim the Credit for Adoption of a Foreign Child
Chapter 2
TABLE 2.1
2024 Poverty Amounts in the Contiguous States and D.C.*
TABLE 2.2
Household Income Percentage Limit
TABLE 2.3
Maximum Repayment Amount for 2024 Premium Tax Credit Advance
TABLE 2.4
Deductible Long-Term Care Premiums for 2024
TABLE 2.5
Health Savings Account Contribution Limits for 2024
TABLE 2.6
2024 High-Deductible Policy Limits
TABLE 2.7
2024 Limits on Deductlbles and Out-of-Pocket Expenses
TABLE 2.8
Part B Premiums for 2024
TABLE 2.9
Part D Premiums for 2024
Chapter 3
TABLE 3.1
2024 MAGI Phaseout Range for Education Credits
TABLE 3.2
2024 Phaseout Ranges for Student Interest Deduction
TABLE 3.3
2024 Phaseout Ranges for Savings Bond Interest Exclusion
TABLE 3.4
MAGI Phaseout Ranges for Coverdell ESA Contributors
Chapter 5
TABLE 5.1
2024 MAGI Phaseout Range for Active Participants Deducting IRA Con
...
TABLE 5.2
2024 MAGI Phaseout Range for Roth IRA Contributions
WORKSHEET 5.1 Reduced Roth IRA Contribution Limit for 2024
WORKSHEET 5.2 Figuring Your 2024 Contribution to a Defined Contribution Plan
TABLE 5.3
MAGI Limits in 2024 for Retirement Saver’s Credit
Chapter 6
TABLE 6.1
Deduction for Income from Intellectual Property Donations
TABLE 6.2
Record Keeper for Your Cash Donations
Chapter 7
TABLE 7.1
Dollar Limit on Depreciation of Passenger Cars
TABLE 7.2
Sample Inclusion Amounts for Cars First Leased in 2024*
TABLE 7.3
States with Ad Valorem Taxes*
Chapter 8
TABLE 8.1
2024 Ceiling on Taxable Income for Zero Tax Rate
TABLE 8.2
2024 Taxable Income Triggering 20% Tax Rate
TABLE 8.3
State Income Tax Treatment of Municipal Bond Interest
Chapter 9
TABLE 9.1
North American Area for Convention Deduction
TABLE 9.2
Sample Weekly Travel Expense Record Keeper
Chapter 10
TABLE 10.1
Depreciation Rates for Residential Rental Property
TABLE 10.2
Depreciation Rates for Nonresidential Rental Property (Placed in
...
Chapter 13
TABLE 13.1
Fringe Benefits in 2024
TABLE 13.2
Benefits Exempt from Social Security and Medicare (FICA) Taxes
Chapter 14
TABLE 14.1
2024 Taxable Income Phaseout for the QBI Deduction
TABLE 14.2
Tax Credits
Chapter 15
TABLE 15.1
Income Threshold for the Excludable Portion of Social Security Be
...
TABLE 15.2
2024 Phaseout Thresholds for the AMT Exemption
Cover
Table of Contents
Title Page
Copyright
Introduction
Begin Reading
APPENDIX A Items Adjusted Annually for Inflation
APPENDIX B Checklist of Tax-Free Items
APPENDIX C Checklist of Nondeductible Items
APPENDIX D Common Mistakes to Avoid
Index
WILEY END USER LICENSE AGREEMENT
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J.K. LASSER’S™
Barbara Weltman
Copyright © 2025 by Barbara Weltman. All rights reserved.
Published by John Wiley & Sons, Inc., Hoboken, New Jersey.Published simultaneously in Canada.
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The word “taxes” makes most people groan. There are good reasons for this response: First of all, the cost of paying your taxes annually can be a financial burden. You may feel taken to the cleaners every time you view your paycheck after withholding for federal income taxes (not to mention state income taxes as well as Social Security and Medicare taxes). And taxes are time consuming—to gather information, meet with a tax professional if you use one, or prepare and submit your own returns.
Second, it can cost you money to get your taxes done. The IRS says that nearly 60% of taxpayers use paid preparers for their returns. Of course, because more than 90% of individual income tax returns are completed by computer (through a paid preparer, with software, or through FreeFile or Direct File), knowing the places where deductions and credits are entered on the return is not critical to you; it’s effectively done automatically.
Third, the tax law is very complicated and changing all the time. Federal tax legislation means there are a number of new rules for 2024.
Fourth, you have to know what the tax rules are and can’t claim ignorance to avoid taxes and penalties. Even if you use a tax professional or tax preparation software to prepare your return, you remain responsible for your taxes. The Tax Court has noted that using software is not an automatic excuse to avoid underpayment penalties.
How can you combat the feeling of dread when it comes to taxes? It helps to know that the tax law is peppered with many, many tax breaks to which you may be entitled. These breaks allow you to not report certain economic benefits you enjoy or to subtract certain expenses from your income or even directly from your tax bill. As the famous jurist Judge Learned Hand once stated (in the 1934 case of Helvering v. Gregory in the Court of Appeals for the Second Circuit):
Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the Treasury. There is not even a patriotic duty to increase one’s taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike, and all do right, for nobody owes any public duty to pay more than the law demands.
So get your tax affairs in order and legally reduce what you pay each year to Uncle Sam!
In getting a handle on how to do this by taking advantage of every tax break you may be entitled to without running afoul of the Internal Revenue Service (IRS), there are some simple rules to keep in mind. They include:
You must report all of your income unless a specific law allows you to exclude or exempt it (so that it is never taxed) or defer it (so that it is taxed at a later time).
You can claim deductions only when and to the extent the law allows. Deductions are referred to as a “matter of legislative grace”; Congress doesn’t have to create them and does so only for some purpose (for example, to encourage economic activity or to balance some perceived inequity in the tax law).
Tax credits are worth more than tax deductions. A credit reduces your tax payment on a dollar-for-dollar basis; a $1,000 credit saves you $1,000 in taxes. A deduction is worth only as much as the top tax bracket you are in. Suppose you are in the 24% tax bracket, which means this is the highest rate you pay on at least some of your income. If you have a $1,000 deduction, it is worth $240 (24% of $1,000) because it saves you $240 in taxes you would otherwise have to pay.
In a number of cases, different deduction rules apply to the alternative minimum tax (AMT), a shadow tax system that ensures you pay at least some tax if your regular income tax is lower than it would have been without certain deductions.
Whether you prepare your return by hand, use computer software or an online solution, or rely on a professional, this book is designed to tell you how to get every tax edge you’re entitled to. Knowing what to look out for will help you plan ahead and organize your activities in such a way that you’ll share less of your hard-earned money with the government.
There are 5 types of tax-advantaged items receiving preferential or favorable treatment under the tax law:
Tax-free income
—income you can receive without any current or future tax concerns. Tax-free income may be in the form of exclusions or exemptions from tax. In many cases, tax-free items do not even have to be reported in any way on your return.
Capital gains
—profits on the sale or exchange of property held for more than one year (long-term). Long-term capital gains are subject to lower tax rates than the rates on other income, such as salary and interest income, and may even be tax free in some cases. Ordinary dividends on stocks and capital gain distributions from stock mutual funds are taxed at the same low rates as long-term capital gains.
Tax-deferred income
—income that isn’t currently taxed. Since the income builds up without any reduction for current tax, you may accumulate more over time. But at some point the income becomes taxable.
Deductions
—items you can subtract from your income to reduce the amount of income subject to tax. There are 2 classes of deductions: those “above the line,” which are subtracted directly from gross income, and those “below the line,” which can be claimed only if you itemize deductions instead of claiming the standard deduction (explained later). And there are some deductions subtracted from adjusted gross income that may be claimed whether or not you itemize other personal deductions.
Credits
—items you can use to offset your tax on a dollar-for-dollar basis. There are 2 types of tax credits: one that can be used only to offset tax liability (called a “nonrefundable” credit) and one that can be claimed even if it exceeds tax liability and you receive a refund (called a “refundable” credit). Usually you must complete a special tax form for each credit you claim. For 2024, the premium tax credit can be enjoyed on an advanced basis by using it to reduce health insurance premiums for coverage through a government marketplace. And credits for new or used electric vehicles purchased in 2024 can be sold to the dealer, enabling the buyer to get the benefit of the credit up front.
This book focuses on different types of tax-favored items: exclusions (tax-free income), above-the-line deductions that don’t require itemizing, itemized deductions, tax credits, and other benefits, such as subtractions that reduce income. At the end of this Introduction you’ll see symbols used to easily identify the type of benefit being explained.
In many cases, eligibility for tax benefits or the extent to which they may be claimed depends on adjusted gross income (AGI) or modified adjusted gross income (MAGI).
Adjusted gross income is gross income (all the income you are required to report) minus certain deductions (called “adjustments to gross income” on Schedule 1 of Form 1040 or 1040-SR). Adjustments or subtractions you can make to your gross income to arrive at your adjusted gross income are limited in 2024 to the following items:
Alimony payments for pre-2019 divorces and separation agreements
Archer Medical Savings Accounts (MSAs) (for accounts set up prior to 2008)
Attorneys’ fees and costs for certain discrimination claims or IRS whistle-blower claims
Business expenses of self-employed individuals
Capital loss deductions of up to $3,000
Educator expenses up to $300
Employer-equivalent portion of self-employment tax
Fee-basis government officials’ expenses
Foreign housing expenses
Forfeiture-of-interest penalties because of early withdrawals from certificates of deposit (CDs)
Form 1099-K loss reporting for personal items or incorrect forms that could not get corrected
Health Savings Account (HSA) contributions
Individual Retirement Account (IRA) deductions
Jury duty pay turned over to your employer
Legal fees for unlawful discrimination claims
Moving expenses of members of the military
Net operating losses (NOLs)
Olympic and Paralympic medals and prize money that are nontaxable
Performing artist’s qualifying expenses
Qualified retirement plan contributions for self-employed individuals
Rent and royalty expenses
Repayment of supplemental unemployment benefits required because of the receipt of trade readjustment allowances
Self-employed health insurance deduction
Simplified employee pension (SEP) or savings incentive match plan for employees (SIMPLE) contributions for self-employed individuals
Student loan interest deduction up to $2,500
Travel expenses to attend National Guard or military reserve meetings more than 100 miles from home
Figuring AGI may sound complicated, but in reality it’s merely a number taken from a line on your tax return. For example, AGI is the figure you enter on line 11 of the 2024 Form 1040 or 1040-SR.
Modified adjusted gross income is AGI increased by certain items that are excludable from income and/or certain adjustments to gross income. Which items are added back varies for different tax breaks. For example, the MAGI limit on eligibility to claim the student loan interest deduction is AGI (disregarding the student loan interest deduction) increased by the exclusion for foreign earned income and certain other foreign income or expenses. All of these items are explained in this book.
Household income is a term in tax law used to determine eligibility for the premium tax credit to help pay for health coverage purchased through a government marketplace. Household income is explained further in this book in connection with these tax rules.
Qualified business income. If you are an owner in a pass-through entity—a sole proprietorship, limited liability company, partners, or S corporation—you may be eligible for a qualified business income (QBI) deduction. QBI for purposes of this personal deduction is explained further in Chapter 14.
Taxable income. This is the amount of income remaining after subtracting deductions. Taxable income is the amount on which taxes are figured. Taxable income is also the threshold used for determining the QBI deduction explained in Chapter 14.
Alternative minimum taxable income (AMTI) is the income on which the alternative minimum tax is figured. It is essentially taxable income increased by tax preferences and increased or decreased by certain adjustment items. The AMT and the exemption subtracted from AMTI is explained in Chapter 15.
Every taxpayer, other than a dependent of another taxpayer, is entitled to the basic standard deduction if they choose not to itemize personal deductions. This is a subtraction from your income, and the amount you claim is based on your filing status. Table 1.1 shows the standard deduction amounts for 2024. Almost 90% of all filers used the standard deduction.
TABLE I.1 Standard Deduction Amounts for 2024
Filing Status
Standard Deduction
Married filing jointly
$ 29,200
Head of household
21,900
Single (unmarried)
14,600
Surviving spouse
29,200
Married filing separately
14,600
In addition to the basic standard deduction, certain taxpayers can increase these amounts. An additional standard deduction amount applies to those age 65 and older and for blindness. For 2024, the additional amount is $1,900 for individuals who are not married and are not a surviving spouse and $1,550 for those who are married or a surviving spouse.
In 2024, you are single, age 68, and not blind. Your standard deduction is $16,500 ($14,600 + $1,900).
The standard deduction can also be increased by net qualified disaster losses. This is explained in Chapter 12. You cannot claim any additional standard deduction that applies to those 65 or older and/or blind if you choose to itemize deductions in lieu of claiming the basic standard deduction amount.
Instead of claiming the standard deduction, you can opt to list certain deductions separately (i.e., itemize them). While only about 10% of individuals itemize, this still means millions of individual taxpayers don’t use the standard deduction and need to know about itemized deductions. Itemized deductions include:
Medical expenses
Taxes
Interest payments
Gifts to charity
Casualty and theft losses of personal-use property in federally-declared disaster areas
Casualty and theft losses related to income-producing property
Gambling losses
Estate tax payments on income in respect of decedents
Generally, claim the standard deduction when it is greater than the total of your itemized deductions. But it may save overall taxes to itemize, even when total deductions are less than the standard deduction, if you are subject to the alternative minimum tax (AMT). The reason: The standard deduction cannot be used to reduce income subject to the AMT, but certain itemized deductions can.
In the past there was an overall limit on itemized deductions for high-income taxpayers. This limit does not apply for 2018 through 2025.
If a married couple files separate returns and one spouse itemizes deductions, the other must also itemize and cannot claim a standard deduction.
Did you know that the IRS collects statistics from taxpayers to create profiles of average deductions? If you claim more than the average for your income range, the IRS’s computer may select your return for further examination. The Inflation Reduction Act provided funding for the IRS to hire thousands of new agents, causing concern among taxpayers that audit chances would increase. In the IRS Strategic Operating Plan released in May 2024, the IRS said there would be no increased audit rates for those with income under $400,000, but there are no guarantees.
Tax experts agree that you should claim every deduction you are entitled to. About 10% of individuals itemize their deductions. Just make sure to have the necessary proof of your eligibility and other records you are required to keep in case your return is examined.
This book is tied to Form 1040, U.S. Income Tax Return for Individuals. It can also be used for Form 1040-SR, Income Tax Return for Seniors; a form specifically for seniors age 65 and older.
The chapters in this book are organized by subject matter so you can browse through them to find the subjects that apply to you or those in which you have an interest.
Each tax benefit is denoted by an icon to help you spot the type of benefit involved:
Exclusion
Above-the-line deduction
Itemized deduction (a deduction taken
after
figuring adjusted gross income)
Credit
Other benefit (e.g., tax deferral or a subtraction other than an above-the-line or itemized deduction that reduces income)
There are references to free IRS publications on a variety of tax topics that you can download from the IRS website (www.irs.gov) or obtain free of charge by calling 800-829-1040.
You’ll also see key dates for various actions, such as filing returns, contributing to retirement plans, and reporting foreign financial accounts to the U.S. Treasury. For example, the deadline for filing 2024 federal income tax returns is April 15, 2025.
In the appendices, you’ll find a listing of items that can be adjusted each year to reflect cost-of-living changes so you can plan ahead, as well as a checklist of items that are tax free, and a checklist of items that are not deductible.
Throughout the book you will see alerts to possible changes to come. Remember: the tax law is continually changing. For a free update on tax developments, look for the Supplement to this book in February 2025, by going to www.jklasser.com, as well as to my website, www.BigIdeasForSmallBusiness.com.
Marital Status
Dependents
Qualifying Child
Qualifying Relative
Child Tax Credit
Earned Income Credit
Dependent Care Expenses
Adoption Costs
Foster Care
Child Support
Alimony
ABLE Accounts
The nature of families is changing, and taxes have specific rules for them. Do the old clichés still ring true? Can two still live as cheaply as one? Are things really cheaper by the dozen? For tax purposes, there may be a penalty or bonus for being married versus single, depending on the income of each spouse and the particular tax break involved. And there are certain tax breaks for having a family.
This chapter explains family-related tax benefits, such as tax credits related to your children, and the consequences of marital dissolutions. For more information on these topics, see IRS Publication 501, Dependents, Standard Deduction, and Filing Information; IRS Publication 503, Child and Dependent Care Expenses; IRS Publication 504, Divorced or Separated Individuals; and IRS Publication 596, Earned Income Credit.
Whether you are married or single has a significant impact on your taxes. In some cases, being married results in a “marriage bonus,” which means effectively averaging taxes when one spouse works and the other does not or has only modest income. In other cases, being married results in a “marriage penalty,” which means that two working spouses earning about the same likely will pay higher total tax than if they were single. For some tax rules, a married couple has the identical tax break as a single individual, such as the $3,000 capital loss deduction against ordinary income, the adoption credit limit ($16,810 in 2024), and the $10,000 limit on itemizing state and local taxes, which is a distinct disadvantage for those who are married. For some tax rules, a married couple has double the tax break for singles, such as the ordinary loss deduction for so-called Section 1244 stock, so marital status makes no difference here.
There are a number of filing statuses that determine eligibility for various tax breaks:
Married filing jointly (MFJ)
Married filing separately (MFS)
Head of household (HOH)
Single
Qualifying surviving spouse with a dependent child (QSS)
You need to know which term applies to you. The terms are not further defined here and often cause confusion, so check IRS Publication 501 if you are unsure. Under federal tax law, the terms “husband,” “wife,” and “spouse” are gender neutral. The term “husband and wife” means two individuals lawfully married to each other. Those in a civil union or domestic partnership are not married for federal income tax purposes.
No personal or dependency exemptions can be claimed in 2018 through 2025. So if you had 4 exemptions in 2017 and deducted $16,200 ($4,050 × 4) in that year, your deduction in 2024 is zero. The suspension of exemptions seriously reduces write-offs for many taxpayers. Of course, because high-income taxpayers were subject to a phaseout of exemptions, they are not greatly affected by the suspension in the deduction for exemptions.
The concept of dependents has not been eliminated and continues to apply for various purposes. For example, for purposes of a child tax credit that may be claimed for a qualifying child or a dependent who is not a qualifying child, the concept of dependents continues to apply. The definition of dependent varies for certain purposes and is explained in each relevant tax break in this book. For example, the amount of income for a qualifying relative taken into account in determining a dependent for purposes of head of household status and some other tax breaks in 2024 is $5,050.
The following is a brief explanation of a qualifying child and a qualifying relative (someone who is not a qualifying child):
A qualifying child must meet all of the following conditions:
Relationship test:
The child must be your son or daughter (natural, adopted, step, and in some cases foster) or a descendant of your sibling (e.g., niece or nephew).
Age test:
The child must be younger than you and either younger than 19 years old, be a “student” younger than 24 years old as of the end of the calendar year, or any age but permanently and totally disabled.
Residency test:
The child must live with you in the United States for more than half the year (special rules for noncustodial parents are explained later).
Joint return test:
The child cannot file a joint return unless doing so only to claim a tax refund.
Support test:
The child does not provide more than half of his or her own support.
Multiple people claiming the child as a dependent. Where one parent has physical custody of the child, he or she can waive treating the child as a dependent to permit the noncustodial parent to do so. The waiver (annually or permanently) is made on Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. The form applies to some benefits (e.g., child tax credit) but not for other benefits (e.g., earned income tax credit, dependent care credit, head of household status).
Where 2 people are eligible to treat the child as a dependent, a “tie breaker rule” comes into play. Generally, the person with greater physical custody (determined by counting the nights that the child spends with each person) is determinative. When there’s an even split, other rules are used to decide which person can treat the child as a dependent.
This is a person who is not a qualifying child and who meets all of the following conditions:
Relationship test
.
The person must be either related to you in a stated way (e.g., a child too old to be a qualifying child, grandchild, parent, certain in-laws, aunt, uncle, niece, or nephew) or a member of your household.
Support test
.
You must provide more than half of the person’s support for the year.
Gross income test
.
The person must have a gross income below a set amount ($5,050 in 2024).
Alert: Congress was considering a dramatic change to the child tax credit. Check the Supplement for any update. The U.S. Department of Agriculture estimates that it costs a middle-class family over $233,610 to raise a child born in 2015 to age 18 (there are no newer statistics), but if you factor in inflation, the cost becomes nearly $306,619 today). In recognition of this cost, the tax law allows you to claim a tax credit.
You may claim a tax credit of up to $2,000 for each qualifying child under the age of 17. You may claim a $500 credit for a qualifying dependent (a person who is not a qualifying child). If the credit for a qualifying child that you are entitled to claim is more than your tax liability, you may be entitled to a refund under certain conditions.
Generally, the credit up to $1,700 per qualifying child is refundable for 2024. This refundable credit usually is allowed to the extent of 15% of earned income over $2,500.
If you have 3 or more children for whom you are claiming the credit, you are entitled to an additional child tax credit. In reality, the additional child tax credit is merely a larger refund of the credit you are ordinarily entitled to. There are 2 ways to figure your refundable amount (the additional child tax credit) and you can opt for the method that results in the larger refund:
15% of earned income over $2,500 up to the lesser of this calculation or the unused child tax credit of $1,700 per qualifying child
Excess of your Social Security and Medicare taxes (plus the so-called employer share of self-employment taxes, if any) over your earned income credit for the year (the earned income credit is explained in the next main section)
To claim the child tax credit, you must meet 2 conditions:
You must have a qualifying child or a qualifying dependent.
Your income must be below a set amount.
You can claim the $2,000 credit only for a “qualifying child.” There are 5 tests for a qualifying child and you must meet all of them. Here are the 5 requirements for a qualifying child:
Age test
. The child must be under age 17 by the end of the year. This age limit applies even if a child is disabled (but an older child may be a qualifying dependent, as explained later).
Residence test
. The child must have the same principal residence as you for more than half the tax year. There are some exceptions in certain cases for a child of divorced or separated parents, a kidnapped child, temporary absences, and for a child who is born or dies during the year.
Support test
. The child does not provide more than half of his or her support.
Social Security number
. No refundable or nonrefundable credit can be issued unless the child has a Social Security number. The Social Security number must be issued on or before the due date of your return. A Social Security card that is labeled “not valid for employment” (i.e., it is only good for purposes of receiving federal benefits, such as Medicaid) is not treated as a valid Social Security number for purposes of the child tax credit.
Nationality
. The child must be a U.S. citizen or national, or a resident of the U.S. The person can’t be a resident of Canada or Mexico.
You can claim the $500 nonrefundable child tax credit for a qualifying dependent. A “qualifying dependent” is a person who is not a qualifying child and who is viewed as a dependent (even though there is no dependency exemption). More specifically, a dependent is a qualifying relative. There are 5 tests for being a qualifying relative, all of which must be met:
Relationship test
. The person must be your child (including adopted or step); your grandchild or great-grandchild; in-law (son, daughter, father, mother, brother, or sister); parent or stepparent; sibling (including step and half); and aunt, uncle, niece, or nephew if related by blood.
Gross income test
. For 2024, this means having gross income exceeding $5,050.
Support test
. You must provide more than half of the person’s support for the year.
Qualifying child test
. The person cannot be a qualifying child for you or any other taxpayer.
Residency test
. The qualifying dependent must be a U.S. citizen, national, or residence of the United States. The person can’t be a resident of Canada or Mexico.
You must have modified adjusted gross income (MAGI) below a set amount. The credit you are otherwise entitled to claim is reduced or eliminated if your MAGI exceeds a set amount. MAGI for purposes of the child tax credit means AGI increased by the foreign earned income exclusion, the foreign housing exclusion or deduction, or the possession exclusion for American Samoa residents.
The credit amount is reduced by $50 for each $1,000 of MAGI or a fraction thereof over the MAGI limit for your filing status. The phaseout begins if MAGI exceeds the limits found in Table 1.1.
In 2024, you are a head of household with 2 qualifying children. You are single and your MAGI is $210,000. Your credit amount of $4,000 ($2,000 × 2) is reduced by $500 ($210,000 − $200,000 = $10,000 excess MAGI ÷ [$1,000 × $50]). Your credit is $3,500 ($4,000 − $500).
If the credit you are entitled to claim is more than your tax liability, you can receive the excess amount as a “refund.” The refund is limited to 15% of your taxable earned income (such as wages, salary, tips, commissions, bonuses, and net earnings from self-employment) over $2,500, for a maximum refundable amount of $1,700. If your earned income is not over $2,500, you may still qualify for the additional credit if you have 3 or more children.
TABLE 1.1 Phaseout of Child Tax Credit over MAGI Limits in 2024
Filing Status
MAGI Limit
Married filing jointly
$400,000
Other filing status
200,000
If you have 3 or more children for whom you are claiming the credit, you may qualify for a larger refund, called the additional child tax credit. You can figure your refund in the usual manner as explained earlier, or, if more favorable, you can treat your refundable amount as the excess of the Social Security and Medicare (FICA) taxes you paid for the year (plus the employee equivalent portion of self-employment taxes, if any) over your earned income credit (explained later in this chapter).
The child tax credit and the credit for other dependents should be factored into income tax withholding from paychecks to enjoy the tax savings throughout the year. If you know you will become entitled to claim the credit (e.g., you expect the birth of a child), you may wish to adjust your withholding so that you don’t have too much income tax withheld from your paycheck. Increase your withholding so that less income tax is withheld from your pay by filing a new Form W-4, Employee’s Withholding Certificate, with your employer. There is a Tax Withholding Estimator at https://www.irs.gov/individuals/tax-withholding-estimator to help you complete Form W-4.
If you can’t claim a credit for a qualifying child because the child doesn’t have a valid Social Security number, you may be able to claim the credit for a qualifying dependent. For example, if there is another taxpayer identification number (e.g., Adoption Taxpayer Identification Number, or ATIN), you may be eligible for the $500 credit.
If you claim the foreign earned income exclusion to exclude income earned abroad up to the annual dollar limit ($126,600 in 2024), you cannot receive the refundable child tax credit.
For 2024 returns filed in 2025, the IRS is not permitted to issue tax refunds for the refundable child tax credit before mid-February 2025. As a result, refunds usually aren’t received until the third or fourth week in February, even for returns submitted in January 2025.
On page 1 of Form 1040 or 1040-SR, enter dependents for whom you are claiming a child tax credit or credit for other dependents, along with their Social Security numbers and relationship to you. The additional child tax credit is figured on Schedule 8812 of Form 1040 or 1040-SR. The nonrefundable child tax credit or the credit for other dependents is entered on line 19 of the return. The additional child tax credit is entered on line 28 of the return.
Low-income taxpayers are encouraged to work and are rewarded for doing so by means of a special tax credit, called the earned income credit. The earned income credit is the second-largest program, after Medicaid, that provides assistance to low-income people. The amount of the credit varies with income, filing status, and the number of dependents, if any. The credit may be viewed as a “negative income tax” because it can be paid to taxpayers even if it exceeds their tax liability.
If you are a working taxpayer with low or moderate income, you may qualify for a special tax credit of up to $7,830 in 2024. The amount of the credit depends on several factors, including your adjusted gross income, earned income, and the number of qualifying children. Table 1.2 shows the maximum credit you may claim based on the number of your qualifying children, if any.
The credit is “refundable” because it can be received in excess of the tax owed.
To be eligible for the credit, you must have earned income from being an employee or a self-employed individual. The amount of the credit you are entitled to claim depends on several factors.
You may claim the credit even if you have no qualifying child. But you are entitled to a larger credit if you have one qualifying child and a still larger credit for 2 or more qualifying children.
To be a qualifying child, the child must:
Be a qualifying child as defined earlier in the chapter under the child tax credit
Live in your U.S. household for more than half the year
TABLE 1.2 Maximum Earned Income Credit for 2024
Maximum Earned
Number of Qualifying Children
Income Credit
No qualifying child
$ 632
1 qualifying child
4,213
2 qualifying children
6,960
3 or more qualifying children
7,830
Qualify as your dependent if the child is married at the end of the year
Be a U.S. citizen or resident (or a nonresident who is married to a U.S. citizen and elects to have all worldwide income subject to U.S. tax)
If you do not have a qualifying child, you must be at least age 25 but under age 65.
Earned income includes wages, salary, tips, commissions, jury duty pay, union strike benefits, certain disability pensions, U.S. military basic quarters and subsistence allowances, and net earnings from self-employment (profit from your self-employment activities). Military personnel can elect to treat tax-free combat pay as earned income for purposes of the earned income credit.
Nontaxable employee compensation, such as tax-free fringe benefits or salary deferrals—for example, contributions to company 401(k) plans—is not treated as earned income.
Earned income does not include pensions and retirement plan distributions, long-term disability and military disability pensions, welfare, Social Security benefits (for retirement or disability), and unemployment benefits.
To qualify for the maximum credit, you must have earned income at or above a set amount. Table 1.3 shows the earned income you need to obtain the top credit (depending on the number of your qualifying children, if any).
If your adjusted gross income is too high, the credit is reduced or eliminated. Table 1.4 shows the AGI phaseout range for the earned income credit. This depends not only on the number of qualifying children, if any, but also on your filing status, as shown in the table.
TABLE 1.3 Earned Income Needed for Top Credit in 2024
Earned Income Needed for Top Credit
Number of Qualifying Children
No qualifying child
$ 8,260
1 qualifying child
12,390
2 or more qualifying children
17,400
TABLE 1.4 AGI Phaseout Range for the Earned Income Credit in 2024
Number of Qualifying Children
Married Filing Jointly
Other Taxpayers
No qualifying child
$17,250–25,511
$10,330–18,591
1 qualifying child
$29,640–56,004
$22,720–49,084
2 qualifying children
$29,640–62,688
$22,720–55,768
3 or more qualifying children
$29,640–66,819
$22,720–59,899
If you are married, you usually must file a joint return with your spouse in order to claim an earned income credit. This requirement is waived if your spouse did not live in your household for the last 6 months of the year or you have a decree, instrument, or written agreement of separation and did not live with a spouse by the end of the year. In this case, assuming you paid the household expenses in which a qualifying child lived for the full year, you qualify as single for purposes of the earned income credit (using “other taxpayers” limits on AGI).
You are married and file a joint return. You and your spouse have 1 qualifying child. In 2024, if your AGI is less than $29,640, your earned income credit is not subject to any phaseout. If your AGI is $56,004 or higher, you cannot claim any earned income credit; it is completely phased out. If your AGI is between these amounts (within the phaseout range), you may claim a reduced credit.
The minimum age for claiming the earned income credit usually is 19. The minimum age for a full-time student is 24; it’s 18 for a former foster child or homeless youth. The maximum age is 65.
If you have a qualifying child who lacks a Social Security number, you may claim the earned income tax credit as if you were childless.
The credit is based on a set percentage of earned income. The good news is that you don’t have to compute the credit. You merely look at an IRS Earned Income Credit Table, which accompanies the instructions for your return. If your return is prepared by computer, the computation is automatic based on the information—your filing status, AGI, earned income, number, if any, of qualifying children—you input.
You can have the IRS figure your credit for you (you don’t even have to look it up in the table). To do this, just complete your return up to the earned income credit line and put “EIC” on the dotted line next to it. If you have a qualifying child, complete and attach Schedule EIC to the return. Also attach Form 8862, Information to Claim Earned Income Credit after Disallowance, if you are required to do so as explained next.
If your child does not qualify as your dependent because of the tie-breaker rule (discussed earlier in this chapter), you may claim the earned income credit with no qualifying child. For example, a grandmother has a home in which her daughter and the baby (granddaughter) live. Under the tie-breaker rule, while the baby could be a qualifying child of the grandmother and mother, she is the daughter’s qualifying child. The grandmother can claim the earned income tax credit with no qualifying child, assuming all other requirements for the credit are met. Alternatively, if the daughter foregoes the dependency exemption, the grandmother can claim the grandchild as her dependent and the earned income tax credit, assuming that her AGI exceeds the daughter’s AGI. In this instance, the daughter could claim the earned income tax credit with no qualifying child, assuming all other requirements for the credit are met.
You lose eligibility for the credit if you have unearned income over $11,600 in 2024 from dividends, interest (both taxable and tax free), net rent or royalty income, net capital gains, or net passive income that is not self-employment income.
You lose out on the opportunity to claim the credit in future years if you negligently or fraudulently claim it on your return. (If you use a paid preparer, he or she is required to perform to diligence before allowing you to claim the earned income credit.) You are banned for 2 years from claiming the earned income credit if your claim was reckless or in disregard of the tax rules. You lose out for 10 years if your claim was fraudulent. If you become ineligible because of negligence or fraud, the IRS issues a deficiency notice. You may counter the IRS’s charge by filing Form 8862, Information to Claim Earned Income Credit after Disallowance, to show you are eligible.
If the IRS accepts your position and recertifies eligibility, you don’t have to file this form again (unless you again become ineligible). For 2024 returns filed in 2025, the IRS is not permitted to issue tax refunds for the refundable earned income tax credit before February 15, 2025. As a result, refunds usually aren’t received until the third or fourth week in February, even for returns filed in January 2025.
You claim the earned income credit on line 27 of Form 1040 or 1040-SR.
Many taxpayers must pay for the care of a child in order to work. According to the World Population Review, the cost of child care in 2024 for an infant or toddler in the U.S. is nearly $15,000 at a center. The tax law provides a limited tax credit for such costs, technically called the child and dependent care credit, but more commonly referred to as the dependent care credit. The amount of the credit you may claim depends on your income. It may be as much as 35% of eligible expenses. Or, if your employer helps with child care costs, you may exclude the payments from your income.
If you hire someone to care for your children or other dependents to enable you to work or you incur other dependent care expenses, you may be eligible for a tax credit of up to $2,100. More specifically, this credit is a percentage of eligible dependent care expenses (explained later). The credit percentage ranges from a low of 20% to a high of 35%. The maximum amount of expenses that can be taken into account in figuring the credit is $3,000 for one qualifying dependent and $6,000 for 2 or more qualifying dependents. If your employer pays for your dependent care expenses, you may be able to exclude this benefit from income up to $5,000.
There are a number of conditions for claiming the dependent care credit; you must satisfy all 6 of them to claim the credit:
Incur the expenses to earn income.
Pay expenses on behalf of a qualifying dependent.
Pay over half the household expenses.
File a joint return if you are married.
Have qualifying expenses in excess of employer reimbursements.
Report information about the child care provider.
The purpose of the dependent care credit is to enable you to work. This generally means that if you are married, you both must work, either full time or part time.
A spouse who is incapacitated or a full-time student is not required to work in order to claim the credit; he or she is treated as having earned income of $250 per month if there is one qualifying dependent or $500 per month if there are 2 or more qualifying dependents.
You are a single mother and a full-time student with 1 child. You are treated as having earned income of $3,000 for the year ($250 × 12). You can use this income in figuring your credit, even though you didn’t actually receive this income.
This is for your child under the age of 13, your incapacitated dependent of any age, or your spouse who is incapacitated.
If your child has his or her 13th birthday during the year, you can take into account expenses incurred up to this birthday.
Only certain types of child care expenses can be taken into account in figuring the credit. Qualifying expenses can be incurred in your home or outside the home (using a day care center). You cannot include amounts paid to you, your child who is under age 19 at the end of the year, your spouse, or any other person you can claim as a dependent.
Babysitter
Day camp, including a specialty camp such as one for soccer or computers
Day care center
Housekeeper (the portion of compensation allocated to dependent care)
Nursery school
Private school (The costs for first grade and higher do not qualify unless the child is handicapped, provided the child spends at least 8 hours per day in your home.)
Transportation, if supervised (so that it is part of care), such as to a day camp or after-school program not on school premises, but not the cost of personally driving a dependent to and from a dependent care center