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Are community property laws taken into account in determining earned income for purposes of the dependent care credit, the refundable portion of the c

October 6, 2011

According to a recent IRS publication:No. The federal tax laws governing these credits specifically provide that earned income is computed without regard to community property laws in determining the earned income amounts described in section 21(d) (dependent care credit), section 24(d) (the refundable portion of the child tax credit), section 32(a) (earned income credit), and section 36A(d) (making work pay credit).

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