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

  1. According to the IRS – Some tax returns take longer to process than others for many reasons, including when a return:

    Includes errors
    Is incomplete
    Is affected by identity theft or fraud
    Includes a claim filed for an Earned Income Tax Credit or an Additional Child Tax Credit. See Q&A below.
    Includes a Form 8379, Injured Spouse Allocation, which could take up to 14 weeks to process
    Needs further review in general
    We will contact you by mail when we need more information to process your return. https://www.irs.gov/refunds/tax-season-refund-frequently-asked-questions

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