Internal Revenue Service United States Department of the Treasury
Level Basic Advanced Military International

Credits

Credits

Non-Eligible Credits (continued)

Earned Income Tax Credit

A student or scholar who is a nonresident for any part of the tax year generally does not qualify for the earned income tax credit (EITC). However, a student or scholar who is married and chooses to file a joint return with a U.S. citizen or resident spouse may be eligible for the credit.

See Publication 596 for more information.

Caution

Nonresident aliens cannot elect to file as residents in order to claim education credits, unless they can file jointly on Form 1040 with their U.S. citizen or resident spouse.

Two people studying in university library
Publication 596

Publication 596