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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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145 Responses to Click to Tell Us Your Experience At Your Local Tax Office

  1. According to the IRS website you can review your current tax repayment plan:

    Reviewing a Payment Plan
    You can view details of your current payment plan (type of agreement, due dates, and amount you need to pay) by logging into the Online Payment Agreement tool using the Apply/Revise button below.

    What You Can Change Using the Online Payment Agreement Tool
    If your existing payment plan is not paid through a Direct Debit, you can use the Online Payment Agreement tool to make the following changes:

    Change your monthly payment amount
    Change your monthly payment due date
    Convert an existing agreement to a Direct Debit agreement
    Reinstate after default
    You can log into the Online Payment Agreement tool using the Apply/Revise button below.

    If your payment plan is paid through Direct Debit, you must contact us to make a change.

    How To Revise an Online Payment Plan
    Log in to the Online Payment Agreement tool using the Apply/Revise button below. On the first page, you can revise your current plan type, payment date, and amount. Then submit your changes.

    If your new monthly payment amount does not meet the requirements, you will be prompted to revise the payment amount. If you are unable to make the minimum required payment amount, you will receive directions for completing a Form 433-F Collection Information Statement (PDF) and how to submit it.

    If your plan has lapsed through default and is being reinstated, you may incur a reinstatement fee.
    https://www.irs.gov/payments/online-payment-agreement-application

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Taxoffices.org is a private website not a government website. If you have questions on your taxes it is always best to consult with a certified tax accountant in your state. The Tax Relief Helpline is NOT A State Government or IRS service and is not affiliated with taxoffices.org.