Table of Contents
You can take the credit for the elderly or the disabled if you meet both of the following requirements.
-
You are a qualified individual.
-
Your income is not more than certain limits.
You can use Figures A and B as guides to see if you are eligible for the credit. Use Figure A first to see if you are a qualified individual. If you are, go to Figure B to make sure your income is not too high to take the credit.
You can take the credit only if you file Form 1040 or Form 1040A. You cannot take the credit if you file Form 1040EZ.You are a qualified individual for this credit if you are a U.S. citizen or resident alien, and either of the following applies.
-
You were age 65 or older at the end of 2008.
-
You were under age 65 at the end of 2008 and all three of the following statements are true.
-
You retired on permanent and total disability (explained later).
-
You received taxable disability income for 2008.
-
On January 1, 2008, you had not reached mandatory retirement age (defined later under Disability income.).
-
You must be a U.S. citizen or resident alien (or be treated as a resident alien) to take the credit. Generally, you cannot take the credit if you were a nonresident alien at any time during the tax year.
Generally, if you are married at the end of the tax year, you and your spouse must file a joint return to take the credit. However, if you and your spouse did not live in the same household at any time during the tax year, you can file either joint or separate returns and still take the credit.
-
You file a separate return.
-
You paid more than half the cost of keeping up your home during the tax year.
-
Your spouse did not live in your home at any time during the last 6 months of the tax year and the absence was not temporary. (See Temporary absences in Publication 501.)
-
Your home was the main home of your child, stepchild, or an eligible foster child for more than half the year. An eligible foster child is a child placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
-
You can claim an exemption for that child, or you cannot claim the exemption only because a decree of divorce or separate maintenance or written separation agreement that applies to 2008 provides that the noncustodial parent can claim the child as a dependent (and, in the case of a pre-1985 agreement, the noncustodial parent provides at least $600 for the support of the child during the year) or you, the custodial parent, sign a written declaration that you will not claim the child as a dependent for the year.
If you are under age 65 at the end of 2008, you can qualify for the credit only if you are retired on permanent and total disability (discussed next) and have taxable disability income (discussed later under Disability income.). You are retired on permanent and total disability if:
-
You were permanently and totally disabled when you retired, and
-
You retired on disability before the close of the tax year.
Even if you do not retire formally, you may be considered retired on disability when you have stopped working because of your disability.
If you retired on disability before 1977, and were not permanently and totally disabled at the time, you can qualify for the credit if you were permanently and totally disabled on January 1, 1976, or January 1, 1977.
You are considered to be under age 65 at the end of 2008 if you were born after January 1, 1944.Example 1.
Trisha, a sales clerk, retired on disability. She is 53 years old and now works as a full-time babysitter for the minimum wage. Even though Trisha is doing different work, she is able to do the duties of her new job in a full-time competitive work situation for the minimum wage. She cannot take the credit because she is able to engage in substantial gainful activity.
Example 2.
Tom, a bookkeeper, retired on disability. He is 59 years old and now drives a truck for a charitable organization. He sets his own hours and is not paid. Duties of this nature generally are performed for pay or profit. Some weeks he works 10 hours, and some weeks he works 40 hours. Over the year he averages 20 hours a week. The kind of work and his average hours a week conclusively show that Tom is able to engage in substantial gainful activity. This is true even though Tom is not paid and he sets his own hours. He cannot take the credit.
Example 3.
John, who retired on disability, took a job with a former employer on a trial basis. The purpose of the job was to see if John could do the work. The trial period lasted for 6 months during which John was paid the minimum wage. Because of John's disability, he was assigned only light duties of a nonproductive “make-work” nature. The activity was gainful because John was paid at least the minimum wage. But the activity was not substantial because his duties were nonproductive. These facts do not, by themselves, show that John is able to engage in substantial gainful activity.
Example 4.
Joan, who retired on disability from a job as a bookkeeper, lives with her sister who manages several motel units. Joan helps her sister for 1 or 2 hours a day by performing duties such as washing dishes, answering phones, registering guests, and bookkeeping. Joan can select the time of day when she feels most fit to work. Work of this nature, performed off and on during the day at Joan's convenience, is not activity of a “substantial and gainful” nature even if she is paid for the work. The performance of these duties does not, of itself, show that Joan is able to engage in substantial gainful activity.
Table 1.Initial Amounts
IF your filing status is... | THEN enter on line 10 of Schedule R (Form 1040) or Schedule 3 (Form 1040A)... | |||
single,head of household, or qualifying widow(er) with dependent child and, by the end of 2008, you were | ||||
• | 65 or older | $5,000 | ||
• | under 65 and retired on permanent and total disability1 | $5,000 | ||
married filing a joint return and by the end of 2008 | ||||
• | both of you were 65 or older | $7,500 | ||
• | both of you were under 65 and one of you retired on permanent and total disability1 | $5,000 | ||
• | both of you were under 65 and both of you retired on permanent and total disability2 | $7,500 | ||
• | one of you was 65 or older, and the other was under 65 and retired on permanent and total disability3 |
$7,500 | ||
• | one of you was 65 or older, and the other was under 65 and not retired on permanent and total disability |
$5,000 | ||
married filing a separate return and you did not live with your spouse at any time during the year and, by the end of 2008, you were | ||||
• | 65 or older | $3,750 | ||
• | under 65 and retired on permanent and total disability1 | $3,750 |
To determine if you can claim the credit, you must consider two income limits. The first limit is the amount of your adjusted gross income (AGI). The second limit is the amount of nontaxable social security and other nontaxable pensions you received. The limits are shown in Figure B.
If both your AGI and your nontaxable pensions are less than the income limits, you may be able to claim the credit. See Figuring the Credit Yourself, later.
If either your AGI or your nontaxable pensions are equal to or more than the income limits, you cannot take the credit.You can figure the credit yourself, or the Internal Revenue Service (IRS) will figure it for you. See Figuring the Credit Yourself, later.
If you choose to have the IRS figure the credit for you, read the following discussion for the form you will file (Form 1040 or Form 1040A).
If you want the IRS to figure your tax, see Publication 967.
If you figure the credit yourself, fill out the front of either Schedule R (if you are filing Form 1040) or Schedule 3 (if you are filing Form 1040A). Next, fill out Part III of either Schedule R or Schedule 3.
There are five steps in Part III to determine the amount of your credit:
-
Determine your initial amount (lines 10–12).
-
Determine the total of any nontaxable social security and certain other nontaxable pensions and benefits you received (lines 13a, 13b, and 13c).
-
Determine your excess adjusted gross income (lines 14–17).
-
Determine the total of steps 2 and 3 (line 18).
-
Determine your credit (lines 19–24 of Schedule R or lines 19–22 of Schedule 3).
These steps are discussed in more detail next.
To figure the credit, you must first determine your initial amount using lines 10 through 12. See Table 1 . Your initial amount is on line 12.
Step 2 is to figure the total amount of nontaxable social security and certain other nontaxable payments you received during the year. You must reduce your initial amount by these payments.
Enter these nontaxable payments on lines 13a or 13b and total them on line 13c. If you are married filing a joint return, you must enter the combined amount of nontaxable payments both you and your spouse receive.
Worksheets are provided in the instructions for Forms 1040 and 1040A to help you determine if any of your social security benefits (or equivalent railroad retirement benefits) are taxable.Include the following nontaxable payments in the amounts you enter on lines 13a and 13b.
-
Nontaxable social security payments. This is the nontaxable part of the benefits shown in box 5 of Form SSA-1099, Social Security Benefit Statement, which includes disability benefits, before deducting any amounts withheld to pay premiums on supplementary Medicare insurance, and before any reduction because of benefits received under workers' compensation. (Do not include a lump-sum death benefit payment you may receive as a surviving spouse, or a surviving child's insurance benefit payments you may receive as a guardian.)
-
Nontaxable railroad retirement pension payments treated as social security. This is the nontaxable part of the benefits shown in box 5 of Form RRB-1099, Payments by the Railroad Retirement Board.
-
Nontaxable pension or annuity payments or disability benefits that are paid under a law administered by the Department of Veterans Affairs (VA). (Do not include amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country or in the National Oceanic and Atmospheric Administration or the Public Health Service, or as a disability annuity under section 808 of the Foreign Service Act of 1980.)
-
Pension or annuity payments or disability benefits that are excluded from income under any provision of federal law other than the Internal Revenue Code. (Do not include amounts that are a return of your cost of a pension or annuity. These amounts do not reduce your initial amount.)
You should be sure to take into account all of the nontaxable amounts you receive. These amounts are verified by the IRS through information supplied by other government agencies.
You also must reduce your initial amount by your excess adjusted gross income. Figure your excess adjusted gross income on lines 14–17.
You figure your excess adjusted gross income as follows:
-
Subtract from your adjusted gross income (line 38 of Form 1040 or line 22 of Form 1040A) the amount shown for your filing status in the following list.
-
$7,500 if you are single, a head of household, or a qualifying widow(er) with a dependent child,
-
$10,000 if you are married filing a joint return, or
-
$5,000 if you are married filing a separate return and you and your spouse did not live in the same household at any time during the tax year.
-
-
Divide the result of (1) by 2.
To determine if you can take the credit, you must add (on line 18) the amounts you figured in Step 2 and Step 3.
IF the total of Steps 2 and 3 is... |
THEN... |
---|---|
equal to or more than the amount in Step 1 | you cannot take the credit. |
less than the amount in Step 1 | you can take the credit. |
If you can take the credit, subtract the amount determined in Step 4 (line 18) from the amount determined in Step 1 (line 12), and multiply the result by 15%.
In certain cases, the amount of your credit may be limited. See Limit on credit, later.
Example.
You are 66 years old and your spouse is 64. Your spouse is not disabled. You file a joint return on Form 1040. Your adjusted gross income is $14,630. Together you received $3,200 from social security, which was nontaxable. You figure the credit as follows:
Example applying the 5 step process | Amount | ||
---|---|---|---|
1. | Initial amount | $5,000 | |
2. | Total nontaxable social security and other nontaxable pensions |
$3,200 | |
3. | Excess adjusted gross income ($14,630–$10,000) ÷ 2 |
2,315 | |
4. | Add line 2 and line 3 | 5,515 | |
5. | Subtract line 4 from line 1 (Do not enter less than (-0-)) |
$ -0- |
You cannot take the credit because your nontaxable social security (line 2a) plus your excess adjusted gross income (line 2b) is more than your initial amount (line 1).
The following examples illustrate the credit for the elderly or the disabled. The initial amounts are taken from Table 1. Initial Amounts .
Example 1.
James Davis is 58 years old, single, and files Form 1040A. In 1998 he retired on permanent and total disability, and he is still permanently and totally disabled. He got the required physician's statement in 1998 and kept it with his tax records. His physician signed on line B of the statement. This year James checks the box in Part II of Schedule 3. He does not need to get another statement for 2008.
He received the following income for the year:
Nontaxable social security | $1,500 | |
Interest (taxable) | 100 | |
Taxable disability pension | 11,400 | |
James' adjusted gross income is $11,500 ($11,400 + $100). He figures the credit on Schedule 3 as follows:
1. | Initial amount | $5,000 | |||
2. | Taxable disability pension | 11,400 | |||
3. | Smaller of line 1 or line 2 | 5,000 | |||
4. | Nontaxable social security benefits |
$1,500 | |||
5. | Excess adjusted gross income ($11,500 − $7,500) ÷ 2 |
2,000 | |||
6. | Add lines 2 and 3 | 3,500 | |||
7. | Subtract line 6 from line 3 (Do not enter less than (–0–)) |
1,500 | |||
8. | Multiply line 7 by 15% (.15) | 225 | |||
9. | Enter the amount from Form 1040A, line 28 |
246 | |||
10. | Enter any amount from Form 1040A, line 29 |
-0- | |||
11. | Subtract line 10 from line 9 | 246 | |||
12. | Credit (Enter the smaller of line 8 or line 11) |
$ 225 |
His credit is $225. He enters $225 on line 30 of Form 1040A. The Schedule 3 for James Davis is not shown.
Example 2.
William White is 53. His wife Helen is 49. William had a stroke 3 years ago and retired on permanent and total disability. He is still permanently and totally disabled because of the stroke. In November of last year, Helen was injured in an accident at work and retired on permanent and total disability.
William received nontaxable social security disability benefits of $3,000 during the year and a taxable disability pension of $6,200. Helen earned $10,600 from her job and received a taxable disability pension of $1,700. Their joint return on Form 1040 shows adjusted gross income of $18,500 ($6,200 + $10,600 + $1,700). They do not itemize deductions. They do not pay any real estate taxes.
Helen got her doctor to complete the physician's statement in the instructions for Schedule R. Helen is not required to include the statement with their return for the year, but she must keep it for her records.
William got a physician's statement for the year he had the stroke. His doctor had signed on line B of that physician's statement to certify that William was permanently and totally disabled. William has kept the physician's statement with his records. He checks the box in Part II of Schedule R and writes his first name in the space above the box on line 2.
William and Helen use Schedule R to figure their $38 credit for the elderly or the disabled. They attach Schedule R to the joint return and enter $38 on line 48 of Form 1040. See their filled-in Schedule R (Form 1040) Credit for the Elderly or the Disabled 2008 and Helen's filled-in physician's statement, later.
Instructions for Physician's Statement | |
Taxpayer | Physician |
If you retired after 1976, enter the date you retired in the space provided on the statement below. | A person is permanently and totally disabled if both of the following apply: |
1. He or she cannot engage in any substantial gainful activity because of a physical or mental condition. | |
2. A physician determines that the disability has lasted or can be expected to last continuously for at least a year or can lead to death. | |
Physician's Statement | |
I certify that Helen A. White | |
Name of disabled person | |
was permanently and totally disabled on January 1, 1976, or January 1, 1977, or was permanently and totally disabled on the date he or she retired. If retired after 1976, enter the date retired. November 1, 2008 | |
Physician: Sign your name on either A or B below. | |
AThe disability has lasted or can be expected to last continuously for at least a year | |
Physician's signatureDate | |
BThere is no reasonable probability that the disabled condition will ever improve | Juanita D. Doctor2/7/09 |
Physician's signatureDate | |
Physician's name | Physician's address |
Juanita D. Doctor | 1900 Green St., Hometown, MD 20000 |
Example 3.
Jerry Ash is 68 years old and single and files Form 1040A. He received the following income for the year:
Nontaxable social security | $2,000 | |
Interest (taxable) | 455 | |
Pension (all taxable) | 5,600 | |
Wages from a part-time job | 4,645 | |
Jerry's adjusted gross income is $10,700 ($4,645 + $5,600 + $455). Jerry figures the credit on Schedule 3 (Form 1040A) as follows:
1. | Initial amount | $5,000 | |||
2. | Nontaxable social security and other nontaxable pensions | $2,000 | |||
3. | Excess adjusted gross income ($10,700 − $7,500) ÷ 2 |
1,600 | |||
4. | Add lines 2 and 3 | 3,600 | |||
5. | Subtract line 4 from line 1 (Do not enter less than (–0–)) |
1,400 | |||
6. | Multiply line 5 by 15% (.15) | 210 | |||
7. | Enter the amount from Form 1040A, line 28 |
41 | |||
8. | Enter any amount from Form 1040A, line 29 |
-0- | |||
9. | Subtract line 8 from line 7 | 41 | |||
10. | Credit (Enter the smaller of line 6 or line 9) |
$ 41 |
Jerry's credit is $41. He files Schedule 3 (Form 1040A) and shows this amount on line 30 of Form 1040A. See the filled-in Schedule 3 (Form 1040A): Credit for the Elderly or the Disabled for Form 1040A F for Jerry Ash, later.
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
www.aarp.org/money/taxaide. For more information on these programs, go to
www.irs.gov and enter keyword “VITA” in the upper right-hand corner.
-
E-file your return. Find out about commercial tax preparation and e-file services available free to eligible taxpayers.
-
Check the status of your 2008 refund. Go to www.irs.gov and click on Where's My Refund. Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2008 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund.
-
Download forms, instructions, and publications.
-
Order IRS products online.
-
Research your tax questions online.
-
Search publications online by topic or keyword.
-
View Internal Revenue Bulletins (IRBs) published in the last few years.
-
Figure your withholding allowances using the withholding calculator online at www.irs.gov/individuals.
-
Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant.
-
Sign up to receive local and national tax news by email.
-
Get information on starting and operating a small business.
-
Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications, and prior-year forms and instructions. You should receive your order within 10 days.
-
Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
-
Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center for an appointment. To find the number, go to www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.
-
TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and publications.
-
TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics.
-
Refund information. To check the status of your 2008 refund, call 1-800-829-1954 during business hours or 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week). Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2008 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. Refunds are sent out weekly on Fridays. If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back.
-
Other refund information. To check the status of a prior year refund or amended return refund, call 1-800-829-1954.
Evaluating the quality of our telephone services. To ensure IRS representatives give accurate, courteous, and professional answers, we use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to listen in on or record random telephone calls. Another is to ask some callers to complete a short survey at the end of the call. Walk-in. Many products and services are available on a walk-in basis.
-
Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply stores have a collection of products available to print from a CD or photocopy from reproducible proofs. Also, some IRS offices and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
-
Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking with someone in person, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. No appointment is necessary—just walk in. If you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue. A representative will call you back within 2 business days to schedule an in-person appointment at your convenience. If you have an ongoing, complex tax account problem or a special need, such as a disability, an appointment can be requested. All other issues will be handled without an appointment. To find the number of your local office, go to
www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613
-
Current-year forms, instructions, and publications.
-
Prior-year forms, instructions, and publications.
-
Tax Map: an electronic research tool and finding aid.
-
Tax law frequently asked questions.
-
Tax Topics from the IRS telephone response system.
-
Internal Revenue Code—Title 26 of the U.S. Code.
-
Fill-in, print, and save features for most tax forms.
-
Internal Revenue Bulletins.
-
Toll-free and email technical support.
-
Two releases during the year.
– The first release will ship the beginning of January 2009.
– The final release will ship the beginning of March 2009.
More Online Publications |