Caution – Change to Form W-5, Earned Income Credit Advance Payment Certificate (Rev.
January 2009) and Formulario W-5(SP), Certificado del Pago por Adelantado del Credito
por Ingreso del Trabajo (Rev. January 2009)
The American Recovery and Reinvestment Act of 2009 (P.L. 111-5) increased the earned income
credit for joint filers and for taxpayers with 3 or more qualifying children. This affects the 2009
Form W-5 and 2009 Formulario W-5(SP) because it increases the amount of adjusted gross
income you can have and still receive the advance earned income credit if you are married filing
jointly.
The paper and online versions of the form will not be revised, but the Act affects the instructions
as follows.
On page 1, in item 3 under Who is Eligible To Get Advance EIC Payments, the AGI amount of
$38,583 for married filing jointly should be replaced with $40,463.
On page 2 of Form W-5 and page 3 of Formulario W-5(SP), question 3 should read:
3. Do you expect that your 2009 earned income and AGI will each be less than: $35,463
($40,463 if married filing jointly) if you expect to have 1 qualifying child; $40,295 ($45,295 if
married filing jointly) if you expect to have 2 qualifying children; or $43,279 ($48,279 if married
filing jointly) if you expect to have 3 or more qualifying children?
On page 2 of Form W-5 and page 3 of Formulario W-5(SP), under the “Yes” answer to question
3, the AGI amount of $38,583 for married filing jointly should be replaced with $40,463.