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

  1. THE IRS “GET MY PAYMENT” WEBSITE KEEPS GIVING ME ERROR MESSAGES! Do you or your colleagues have any insights re the IRS “GET MY PAYMENT” website? I SUCCESSFULLY entered my DOB, street address and Zip Code into “GET MY PAYMENT”. However, this time it REJECTED my 9-digit SSN which I entered as: xxxxx6892. Note that the above St. ADDR. / ZIP is a temporary address for an AZ cancer clinic where I’m currently being treated. Also, note that I successfully received my previous two stimulus checks via DD using the above information (bank’s routing / acct numbers haven’t changed). I called the IRS, IRS Fiscal Services Bureau and the Treasury Dept., and all I got were referrals back to IRS.GOV which directed me to contact my local IRS. Thanks for your help.

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