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SHARP Message #755






2009 Form W-5 Released

Message Text:


The IRS has released the 2009 Form W-5, Earned Income Credit Advance Payment Certificate. As noted in Informational Circular 09-P-016, the 2008 Form W-5 expires on December 31, 2008 and the 2009 Form W-5 must be filed before advance 2009 payments can begin.

Generally, employees have to successfully answer questions listed on page 2 of Form W-5 in order to be eligible for advance payments. In addition to meeting other criteria, advance EIC qualifiers must have at least one qualifying child and expect that 2009 earned and adjusted gross income will each be less than $ 35,463.00 for single employees or $ 38,583.00 if filing jointly (include spouse’s income if filing jointly). Employees cannot claim the EIC if planning to file either Form 2555 or Form 2555-EZ (relating to foreign earned income). Finally, a nonresident alien may not claim the advance EIC for 2009 unless married to a U.S. citizen or resident and electing to be taxed as a resident alien for all of 2009.

Agency personnel are reminded that the KPAY320 will run on the night of December 22, 2008. The KPAY320 will search for employees who were sent a W-5 notification and if a new W-5 has not been received it will insert a 1/1/2009 effective-dated row in the employee’s Tax Data record for those employees with an EIC status of ‘Not Applicable’. Agencies should refer to Informational Circular 09-P-016 for additional information pertaining to Form W-5 processing.

The 2009 Form W-5 is immediately available at the IRS website at www.irs.gov and will also be available in the near future at the Accounts and Reports website at http://da.ks.gov/ar/.