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IRS denied my EITC last year, but I qualify this year, what should I do?

Tax_questionQ) IRS denied my Earned Income Tax Credit  last year, but I qualify this year, what should I do?

A) According to the IRS – If IRS denied or reduced your EITC for any year after 1996 for any reason other than a math or clerical error, you must qualify to claim the credit by meeting all the rules described above and you must attach a completed Form 8862, Information to Claim Earned Income Credit After Disallowanceto your next tax return to claim EITC.

But, do not file Form 8862 if either (1) or (2) below is true.

1. After your EITC was reduced or disallowed in the earlier year:

  • You filed Form 8862 (or other documents) and then IRS allowed, your EITC and
  • IRS did not reduce or disallow your EITC again for any reason other than a math or clerical error.

2. You are taking EITC without a qualifying child and the only reason IRS reduced or disallowed your EITC was because a child listed on Schedule EIC was not your qualifying child.

Also, you cannot claim EITC or use the Form 8862 to claim EITC for:

  • 2 years after IRS made a final determination to reduce or disallow your EITC due to reckless or intentional disregard of the EITC rules, or
  • 10 years after IRS made a final determination to reduce or disallow your EITC due to fraud.




 

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  1. It’s RIDICULOUS that it’s darn near impossible to schedule an appointment with them by dialing the appointment line phone number. (1) When the call goes through, I’ve left messages and my number for someone to call me back, but no one ever does (2) The majority of the time, a recording comes on, claiming I need to call back later or the next day, to which I get the SAME RECORDED MESSAGE. From my experience in the army as a base tax center non-commissioned officer-in-charge and trained tax preparer, this is NOT proper customer service.

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