Credit Disallowance
The credit is disallowed under certain circumstances:
Disqualifying Income
The credit isn't available to individuals when their “disqualified income” (i.e., investment income as defined below) is more than the amount in the table.
Foreign Income Exclusion
If the taxpayer claims either the foreign earned income or foreign housing exclusion, they will not qualify for the earned income credit for the year.
Fraud or Reckless Disregard of Rules and Regulations
The credit is disallowed for 10 years for those who claimed it in an earlier year due to fraud or for 2 years due to reckless or intentional disregard of rules and regulations. These restrictions are in addition to any other penalty imposed, such as the accuracy-related penalty or the fraud penalty. In addition, no credit is allowed where the credit was denied in an earlier year because of IRS deficiency assessment procedures, unless the taxpayer is re-certified by IRS.