CARL WATTS & ASSOCIATES

April 9th, 2012

Washington DC
tel/fax 202 350-9002
Our previous newsletter was about Child Tax Credit, so now we’d like to go to the other end of the age spectrum: the elderly.
The IRS grants elderly tax filers a special tax credit called the Credit for the Elderly or Disabled.
This nonrefundable credit is designed to benefit low-income, older individuals, or individuals whose ability to earn income is severely affected by a permanent disability.

Eligibility for this tax credit, which directly reduces the amount of income tax you owe, depends on a variety of factors such as age, filing status and income.

The most that can be claimed as part of this tax credit is $1,125. However, the final amount depends on your income.

You qualify for the Elderly Tax Credit if all of the following apply:

  • You are of age 65 or older at the end of 2011;
  • You are a U.S. citizen or resident alien (or be treated as a resident alien). Generally, you cannot take the credit if you were a nonresident alien at any time during the tax year;
  • 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, annuities, or disability income you received. Here are the most common limits:
  1. If a single taxpayer, head of household, or qualifying widow(er) with dependent child, you must have an AGI (Adjusted Gross Income as it appears on line 33 of the 1040 or line 18 of the 1040A) of less than $17,500;

  2. If married filing jointly and only one spouse qualifies for the credit, your AGI must be less than $20,000;

  3. If married filing jointly and both spouses qualify for the credit, your AGI must be less than $25,000;

  4. If married filing separately and you lived apart from your spouse for all of 2011, your AGI must be less than $12,500;

  5. If you receive social security and other nontaxable income, you only qualify if this income is less than $5,000 for singles, less than $7,500 for couples filing jointly, and less than $3,750 for married filing separately.

Elderly Tax Credit
Since the credit is for elderly or disabled taxpayers, you may also qualify if you are under age 65 at the end of 2011 and all three of the following statements are true:

  • You retired on permanent and total disability;
  • You received taxable disability income for 2011 that was:
  1. paid under your employer's accident or health plan or pension plan

  2. and included in your income as wages (or payments instead of wages) for the time you are absent from work because of permanent and total disability.


  • On January 1, 2011, you had not reached mandatory retirement age.


You are permanently and totally disabled if you cannot engage in any substantial gainful activity because of your physical or mental condition. A qualified physician must certify that the condition has lasted or can be expected to last continuously for 12 months or more, or that the condition can be expected to result in death.

Even if you do not retire formally, you may be considered retired on disability when you have stopped working because of your disability.

The IRS states that taxpayers must use Schedule R (Form 1040 or 1040A) to calculate the amount of credit and provides detailed instructions for making the required calculations.

You also must file your taxes using Form 1040 or Form 1040A to apply for the Credit for the Elderly or Disabled. In other words, you cannot use Form 1040 EZ, a common form used by individuals with simple tax returns.

Schedule R, the form used to determine eligibility and calculate the credit,, is rather long and complicated and can be quite a waste of time if you can't actually claim the credit. This is also the reason why some tax preparers don’t even consider this tax credit, so make sure you insist they check your eligibility as well.