Talk to a Local Income Tax Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Nobody likes paying taxes, but smart tax planning eases the pain. Tax credits are incredibly valuable because they directly reduce or lower the amount of taxes we may have to pay the Internal Revenue Service (IRS) at the end of the year. Some of the more common credits are the Earned Income Credit (EIC) and Child Care Credit.
Are you disabled or handicapped and unable to work? If so, there’s another tax credit that you may qualify for. It’s called the Disability Tax Credit. It can have a significant impact on your tax bill. There are several limits on the credit, ranging from what qualifies as a “disability” to how much you can claim. If you’re unable to work because of a disability, you should look into the credit before you file your tax return.
To claim the credit, you have to be either a US citizen or a resident alien. While there are some exceptions, you usually can’t take the credit if you’re a nonresident alien at anytime during the tax year.
Age & Disability Requirements
You have to be under 65 years old at the end of the tax year to qualify. You’re considered to be age 65 on the day before your 65th birthday. If you’re born on January 1, 1946, you’ll be treated as 65 years old at the end of 2010.
In addition to being under the age of 65, you must be:
- Retired with a permanent and a total disability
- Receiving disability income or payments from an employer
- Under the mandatory retirement age, meaning the age set by your employer for retirement
Even if you don’t formally retire, you can still qualify for the credit if you stop working because of your disability or handicap.
A permanent and total disability means that you can’t engage in or perform any “substantial gainful activity” because of a physical or mental condition. Substantial gainful activities are tasks or duties that you do for pay. It doesn’t include things that you do to care for yourself, like bathing or getting dressed. It also doesn’t include things you do for free, like hobbies. Generally, a doctor has to certify that your physical or mental condition can result in death or has lasted or can be expected to last for a continuous 12-month period.
Even if you satisfy the other requirements, you can claim the credit only if your income is below a certain level. This level is based upon your adjusted gross income (AGI) or your non-taxable benefits, like Social Security and pension payments. You can’t take the credit if:
- Single, head of household or a qualifying widow - your AGI is $17,500 or more, or your non-taxable benefits are $5,000 or more
- Married filing jointly and you and your wife satisfy the other requirements - your AGI is $25,000 or more, or your non-taxable benefits are $7,500 or more
- Married filing jointly and you only satisfy the other requirements - your AGI is $20,000 or more, or your non-taxable benefits are $5,000 or more
- Married filing separately - your AGI is $12,500 or more, or your non-taxable benefits are $3,750 or more
Next: Computing Your Credit