2002 Form W-5 - Department Of The Treasury Internal Revenue Service Page 3

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Form W-5 (2002)
Page
1. The child is your:
What if My Situation Changes?
● Son, daughter, adopted child, stepchild, grandchild, or
If your situation changes after you give Form W-5 to your
foster child; or
employer, you will probably need to file a new Form W-5.
● Brother, sister, stepbrother, stepsister, or a descendant
For example, you must file a new Form W-5 if any of the
(such as a child, including an adopted child) of any such
following applies for 2002.
● You no longer expect to have a qualifying child. Check
individual but only if you cared for that person as your
own child.
“No” on line 1 of your new Form W-5.
Note: An adopted child is any child placed with you by
● You no longer expect to be able to claim the EIC for
an authorized placement agency for legal adoption even if
2002. Check “No” on line 1 of your new Form W-5.
the adoption is not final. An authorized placement agency
● You no longer want advance payments. Check “No” on
includes any person authorized by state law to place
line 1 of your new Form W-5.
children for legal adoption. A grandchild is any
● Your spouse files Form W-5 with his or her employer.
descendant of your son, daughter, stepchild or adopted
Check “Yes” on line 3 of your new Form W-5.
child. A foster child is any child you cared for as your
Note: If you get the EIC with your pay and find you are
own child and who is placed with you by an authorized
not eligible, you must pay it back when you file your 2002
placement agency.
Federal income tax return.
2. The child is under age 19 at the end of 2002, or
under age 24 at the end of 2002 and a full-time student,
Additional Information
or any age at the end of 2002 and permanently and
How To Claim the EIC
totally disabled.
3. The child lives with you in the United States for over
If you are eligible, claim the EIC on your 2002 tax return.
half of 2002.
See your 2002 tax return instruction booklet.
Exception to “Time Lived With You” Condition. The
Additional Credit
child does not have to live with you for over half of 2002
You may be able to claim a larger credit when you file
if either of the following applies.
your 2002 tax return because your employer cannot give
1. The child was born or died during the year and your
you more than $1,503 throughout the year with your pay.
home was this child’s home for the entire time he or she
You may also be able to claim a larger credit if you have
was alive in 2002.
more than one qualifying child. But you must file your
2. The child is presumed by law enforcement authorities
2002 tax return to claim any additional credit.
to have been kidnapped by someone who is not a family
member and the child lived with you for over half of the
Privacy Act and Paperwork Reduction Act Notice. We
part of the year before he or she was kidnapped.
ask for the information on this form to carry out the
Note: Temporary absences such as for school, vacation,
Internal Revenue laws of the United States. Internal
medical care, or detention in a juvenile facility count as
Revenue Code sections 3507 and 6109 and their
time lived at home. Members of the military on extended
regulations require you to provide the information
active duty outside the United States are considered to be
requested on Form W-5 and to give it to your employer if
living in the United States.
you want advance payment of the EIC. As provided by
Married child. A child who is married at the end of 2002
law, we may give the information to the Department of
is a qualifying child only if you may claim him or her as
Justice and other Federal agencies. In addition, we may
your dependent, or the following Exception applies to
give it to cities, states, and the District of Columbia so
you.
they may carry out their tax laws. Failure to provide the
requested information may prevent processing of this
Exception. You are the custodial parent and would be
form; providing false information may subject you to
able to claim the child as your dependent, but the
penalties.
noncustodial parent claims the child as a dependent
because—
You are not required to provide the information
requested on a form that is subject to the Paperwork
1. You signed Form 8332, Release of Claim to
Reduction Act unless the form displays a valid OMB
Exemption for Child of Divorced or Separated Parents, or
control number. Books or records relating to a form or its
a similar statement, agreeing not to claim the child for
instructions must be retained as long as their contents
2002 or
may become material in the administration of any Internal
2. You have a pre-1985 divorce decree or separation
Revenue law. Generally, tax returns and return information
agreement that allows the noncustodial parent to claim
are confidential, as required by Code section 6103.
the child and he or she gives at least $600 for the child’s
The time needed to complete this form will vary
support in 2002.
depending on individual circumstances. The estimated
Qualifying child of more than one person. If the child
average time is: Recordkeeping, 6 min.; Learning about
meets the conditions to be a qualifying child of more than
the law or the form, 12 min.; and Preparing the form,
one person, only one person may treat that child as a
25 min.
qualifying child for 2002. If you and the other person(s)
If you have comments concerning the accuracy of
cannot agree on who will treat that child as a qualifying
these time estimates or suggestions for making this form
child for 2002, special rules apply to determine who may
simpler, we would be happy to hear from you. You can
do so. For details, see the 2001 revision of Pub. 553,
write to the Tax Forms Committee, Western Area
Highlights of 2001 Tax Changes. However, these rules do
Distribution Center, Rancho Cordova, CA 95743-0001. Do
not apply if the only other person is your spouse and you
not send the form to this address. Instead, give it to your
plan to file a joint return for 2002.
employer.
Reminder. A qualifying child must have a social security
number unless he or she was born and died in 2002.

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