2003 Tax Help Archives  
Instructions for Form 8862 2003 Tax Year

Specific Instructions

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Need More Space for an Item?

If you do, attach a statement that is the same size as Form 8862. Number each entry on the statement to correspond with the line number on Form 8862. Put your name and social security number on the statement and attach it at the end of your return.

Lines 3a and 3b

Enter the information in the following order: month, day, year—month, day, year.

Example.   You are single and are filing Form 8862 for 2003. Your home was in the United States for all of 2003. On line 3a, you would enter 01/01/2003—12/31/2003.

Members of the Military.   If you were on extended active duty outside the United States, your home is considered to be in the United States during that duty period. Include your active duty time on line 3a and your spouse's, if applicable, on line 3b. See Pub. 596 for the definition of extended active duty.

Line 6a

Temporary absences, such as for school, vacation, medical care, or detention in a juvenile facility, count as time lived at home.

Line 7b

A student is a person who during any 5 months of the year entered on line 1—

  • Was enrolled as a full-time student at a school or
  • Took a full-time, on-farm training course given by a school or a state, county, or local government agency.

A school includes technical, trade, and mechanical schools. It does not include on-the-job training courses, correspondence schools, or night schools.

Line 7c

If the child attended more than one school or training course, attach a statement to your return with the name(s) of the school or government agency.

Line 7d

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 doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death.

Line 7e

Enter the name of the child's health care provider (such as a physician, registered nurse, clinic, etc.) or social worker.

Line 8a

Check “No” if the only other person is your spouse and you are filing a joint return for the year entered on line 1.

If you checked Yes on line 8a and the child meets the requirements to be a qualifying child of more than one other person, complete lines 8b and 8c for each additional person. Show the required information on an attached statement. See Need More Space for an Item? on page 1 for details. Also, enter “see attached” next to line 8a.

Line 8d

If you checked Yes on line 8a, the child meets the conditions to be a qualifying child of at least one other person. However, only one person can take the EIC based on that child. The other person(s) cannot take the EIC for people who do not have a qualifying child, but may take the EIC based on a different qualifying child. You and the other person(s) can decide who will take the EIC based on that qualifying child.

Tie-Breaker Rules.   If you and the other person(s) cannot agree on who will take the EIC, the following rules apply.
  • If only one of the persons is the child's parent, the child will be treated as the qualifying child of the parent.
  • If both persons are the child's parents, the child will be treated as the qualifying child of the parent with whom the child lived for the longer period of time during the year entered on line 1. If the child lived with each parent for the same amount of time, the child will be treated as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year entered on
    line 1.
  • If none of the persons is the child's parent, the child will be treated as the qualifying child of the person who had the highest AGI for the year entered on line 1.

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