Elderly or the
Disabled
Want the IRS To Figure Your substantial gainful activity. In each exam-
ple, the person was under age 65 at the
Who Can Take the Credit? end of the year.
If you can take the credit and you want us
Credit to figure it for you, check the box in Part
Example 1. Sue retired on disability as a
sales clerk. She now works as a full-time
The credit is based on your filing status, I of Schedule R for your filing status and babysitter at the minimum wage. Although
age, and income. If you are married filing age. Fill in Part II and lines 11 and 13 of she does different work, Sue babysits on
a joint return, it is also based on your Part III if they apply to you. Then, enter ordinary terms for the minimum wage. She
spouse’s age and income. “CFE” on the dotted line next to line 41 cannot take the credit because she is en-
on Form 1040 and attach Schedule R to gaged in a substantial gainful activity.
You may be able to take this credit if your return.
either of the following applies: Example 2. Mary, the president of XYZ
● You were age 65 or older at the end of What Is Permanent and Corporation, retired on disability because
1997, OR of her terminal illness. On her doctor’s
Total Disability? advice, she works part time as a manager
● You were under age 65 at the end of
If you were under age 65 at the end of and is paid more than the minimum wage.
1997 and you meet all three of the follow-
1997, you must be permanently and totally Her employer sets her days and hours.
ing.
disabled to take the credit. A person is Although Mary’s illness is terminal and she
1. You were permanently and totally dis- permanently and totally disabled if both works part time, the work is done at her
abled on the date you retired. If you retired of the following apply: employer’s convenience. Mary is consid-
before 1977, you must have been perma- ered engaged in a substantial gainful ac-
1. He or she cannot engage in any sub-
nently and totally disabled on January 1, tivity and cannot take the credit.
stantial gainful activity because of a phys-
1976, or January 1, 1977.
ical or mental condition, and Example 3. John, who retired on disabil-
2. You received taxable disability income ity, took a job with a former employer on
2. A physician determines that the condi-
for 1997. a trial basis. The purpose of the job was
tion has lasted or can be expected to last
3. On January 1, 1997, you had not continuously for at least a year or can lead to see if John could do the work. The trial
reached mandatory retirement age (the to death. period lasted for some time during which
age when your employer’s retirement pro- John was paid at a rate equal to the mini-
Examples 1 and 2 on this page show
gram would have required you to retire). mum wage. But because of John’s dis-
situations in which the individuals are con-
For the definition of permanent and total sidered engaged in a substantial gainful ability, he was given only light duties of a
disability, see What Is Permanent and activity. Example 3 shows a person who nonproductive, make-work nature. Unless
Total Disability? on this page. Also, see might not be considered engaged in a the activity is both substantial and gainful,
the instructions for Part II.
Married Persons Filing Income Limits for Credit for the Elderly or the Disabled
Separate Returns THEN you generally cannot take the credit if:
If your filing status is married filing sepa-
rately and you lived with your spouse at The amount on
any time during 1997, you cannot take the IF you are . . . Form 1040, line 33, is . . . Or you received . . .
credit. Single, Head of household, $17,500 or more $5,000 or more of
or Qualifying widow(er) nontaxable social security or
Nonresident Aliens other nontaxable pensions
If you were a nonresident alien at any time
during 1997, you may be able to take the Married filing a joint return $20,000 or more $5,000 or more of
credit only if (1) you were married to a U.S. and only one spouse is nontaxable social security or
citizen or resident alien at the end of 1997, eligible for the credit other nontaxable pensions
and (2) you and your spouse elect to file Married filing a joint return $25,000 or more $7,500 or more of
a joint return. and both spouses are nontaxable social security or
eligible for the credit other nontaxable pensions
Income Limits
Married filing a separate $12,500 or more $3,750 or more of
See the chart on this page for details. return and you lived apart nontaxable social security or
from your spouse for all of other nontaxable pensions
1997
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