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The IRS 8862 form plays a crucial role for taxpayers seeking to claim the Earned Income Tax Credit (EITC) or other certain credits after previously being denied these benefits. Designed for individuals who have faced denial of these claims in prior years, the form must be filed as a means to demonstrate eligibility for the current tax year. By submitting the 8862, applicants provide essential information regarding their qualifications, ensuring that they meet the requirements for the credits they are seeking. Taxpayers must meticulously complete this form to address any discrepancies that led to previous denials. Furthermore, understanding the timeframe within which to file and the specific circumstances requiring the submission of this form is vital for compliance with IRS regulations. Successfully navigating the process not only aids in potentially recuperating denied credits but also reinforces the taxpayer's eligibility to receive such financial benefits in future tax filings.

Form Sample

Form 8862

Information To Claim Certain Credits After Disallowance

OMB No. 1545-0074

Earned Income Credit (EIC), American Opportunity Tax Credit (AOTC), Child Tax Credit (CTC),

 

(Rev. November 2018)

Additional Child Tax Credit (ACTC), and Credit for Other Dependents (ODC)

 

Attachment

Department of the Treasury

 

 

Attach to your tax return. Go to www.irs.gov/Form8862 for instructions and the latest information.

Sequence No. 43A

Internal Revenue Service

 

 

 

Name(s) shown on return

 

Your social security number

 

 

 

 

You must complete Form 8862 and attach it to your tax return to claim the EIC, CTC/ACTC/ODC, or AOTC if both of the following apply.

Your EIC, CTC/ACTC/ODC, or AOTC was previously reduced or disallowed for any reason other than a math or clerical error.

You now want to claim the credit that was previously reduced or disallowed and you meet all the requirements for the credit.

Part I

All Filers

1

Enter the tax year for which you are filing this form (for example, 2018)

2Check the box(es) that applies to the credit(s) you are claiming and complete the part(s) that matches the box(es) you marked.

 

Child Tax Credit/Additional Child Tax

 

Earned Income Credit

Credit/Credit for Other Dependents

American Opportunity Tax Credit

(Complete Part II)

(Complete Part III)

(Complete Part IV)

Part II Earned Income Credit

3If the only reason your EIC was reduced or disallowed was because you incorrectly reported your earned

income or investment income, check “Yes.” Otherwise, check “No.”

Yes

Caution: If you checked “Yes,” do not complete the rest of Part II. Attach this form to your tax return to

 

claim the EIC. If you checked “No,” continue.

 

No

4Could you (or your spouse if filing jointly) be claimed as a qualifying child of another taxpayer for the year entered on line 1? . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Caution: See the instructions before answering. If you (or your spouse if filing jointly) answer “Yes” to question 4, you cannot claim the EIC.

If you are claiming the EIC with a qualifying child, continue to Section A. Otherwise, go to Section B.

Yes

No

Section A: Filers With a Qualifying Child or Children

Answer questions 5, 7, and 8 for each child for whom you are claiming the EIC.

Enter the name(s) of the child(ren) you listed as Child 1, Child 2, and Child 3 on Schedule EIC for the year entered on line 1 above.

5a

Child 1

b Child 2

 

c

Child 3

 

 

6

Does your completed Schedule EIC for the year entered on line 1 show that you had a qualifying child for the EIC?

Yes

 

Caution: If you checked “No,” you do not need to complete Part II, Section A. Go to Part II, Section B.

 

7Enter the number of days each child lived with you in the United States during the year entered on line 1.

Child 1

Child 2

Child 3

Caution: If you enter less than 183 (184 if the year on line 1 is a leap year), you cannot claim the EIC for that child.

No

8If the child was born or died during the year entered on line 1, enter the month and day the child was born and/or died as month (MM)/day (DD). Otherwise, skip this line.

Child 1 date of birth (MM/DD)

/

Child 1 date of death (MM/DD)

/

Child 2 date of birth (MM/DD)

/

Child 2 date of death (MM/DD)

/

Child 3 date of birth (MM/DD)

/

Child 3 date of death (MM/DD)

/

Only one person may claim the child as a qualifying child for the EIC and certain other child-related benefits. If the child meets the conditions to be a qualifying child of any other person (other than your spouse if filing jointly), complete Part V. If you cannot treat any of the children listed above as a qualifying child and have no other qualifying children, go to Part II, Section B.

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 25145E

Form 8862 (Rev. 11-2018)

Form 8862 (Rev. 11-2018)Page 2

Section B: Filers Without a Qualifying Child or Children

9a Enter the number of days during the year entered on line 1 that your main home was in the United States . . .

bIf married filing jointly, enter the number of days during the year entered on line 1 that your spouse’s main home was

 

in the United States

 

Caution: Members of the military stationed outside the United States during the year entered on line 1, see the instructions

 

before answering. If you enter less than 183 (184 if the year on line 1 is a leap year) on either line 9a or 9b (if filing jointly), you

 

cannot claim the EIC.

10a

Enter your age at the end of the year on line 1

 

b

Enter your spouse’s age at the end of the year on line 1

 

 

Caution: If your spouse died during the year entered on line 1 or you are preparing a return for someone who died during the

 

year entered on line 1, see the instructions before answering. If neither you (nor your spouse if filing jointly) were at least age 25

 

but under age 65 at the end of the year on line 1, you cannot claim the EIC.

11a Can you be claimed as a dependent on another taxpayer’s return? . . . . . . . . . . . .

bCan your spouse (if filing jointly) be claimed as a dependent on another taxpayer’s return? . . . .

Caution: If either you (or your spouse if filing jointly) answer “Yes” to question 11, you cannot claim the EIC.

Yes Yes

No No

Part III Child Tax Credit/Additional Child Tax Credit/Credit for Other Dependents

12Enter the name(s) of each child for whom you are claiming the child tax credit/additional child tax credit (CTC/ACTC). If you are claiming the CTC/ACTC for more than four qualifying children, attach a statement also answering questions 12 and 14–17 for those children.

a

Child 1

b

Child 2

c

Child 3

d

Child 4

13Enter the name(s) of each person for whom you are claiming the credit for other dependents (ODC). If you are claiming the credit for more than four dependents, attach a statement answering questions 13, 16, and 17 for those dependents.

a

Other dependent 1

b

Other dependent 2

c

Other dependent 3

d

Other dependent 4

14For each child listed in response to question 12, did the child live with you for more than half of the year or meet an exception described in the instructions?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

15For each child listed in response to question 12, did the child meet the requirements to be a qualifying child for the CTC/ACTC?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

16For each person claimed as a qualifying child or other dependent for the CTC/ACTC/ODC, is that person your dependent?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

Other dependent 1

Yes

No

Other dependent 2

Yes

No

Other dependent 3

Yes

No

Other dependent 4

Yes

No

17For each person claimed as a qualifying child or other dependent for the CTC/ACTC/ODC, is that person a citizen, national, or resident of the United States? See Pub. 519 for more information on when a person is a resident of the United States or is treated as a resident of the United States.

Child 1

Yes

Other dependent 1 Other dependent 3

No

Yes

Yes

Child 2

No

No

Yes

No

Child 3

Other dependent 2 Other dependent 4

Yes

Yes

Yes

No

Child 4

No

 

No

 

Yes

No

Caution: If the answer is “No” for questions 14, 15, 16, or 17, you cannot claim the CTC/ACTC/ODC for that child or other dependent.

Only one person can claim the child as a qualifying child for the CTC/ACTC/ODC. If the child meets the conditions to be a qualifying child of any other person (other than your spouse if filing jointly), complete Part V. If you cannot treat any of the children listed above as a qualifying child and have no other qualifying children, you cannot claim the CTC/ACTC or the ODC based on having a qualifying child. If you are a noncustodial parent who is entitled to treat the child as a qualifying child, you do not need to complete Part V.

Form 8862 (Rev. 11-2018)

Form 8862 (Rev. 11-2018)

Page 3

Part IV

American Opportunity Tax Credit

 

Answer the following questions for each student for whom you are claiming the AOTC. If you have more than three students, attach a statement also answering questions 18 and 19 for those students.

Enter the name(s) of the student(s) as listed on Form 8863.

18a Student 1

b Student 2

cStudent 3

19a Did the student meet the requirements to be an eligible student for purposes of the AOTC for the year entered on line 1? See Pub. 970 for more information.

Student 1

Yes

No

Student 2

Yes

No

Student 3

Yes

No

bHas the Hope Scholarship Credit or AOTC been claimed for the student for any 4 tax years before the year entered on line 1?

Student 1

Yes

No

Student 2

Yes

No

Student 3

Yes

No

Caution: If you answered “No” to question 19a or “Yes” to question 19b, you cannot claim the credit for that student.

Part V Qualifying Child of More Than One Person

Answer the following questions for each child who meets the conditions to be a qualifying child of any other person (other than your spouse if filing jointly). If you have more than four qualifying children, attach a statement also answering questions 20–22 for those children.

20a

Child 1

b

Child 2

c

Child 3

d

Child 4

21Enter the address where you and the child lived together during the year entered on line 1. If you lived with the child at more than one address during the year, attach a list of the addresses where you lived.

Child 1 Number and street

City or town, state, and ZIP code

Child 2 If same as shown for Child 1, check this box

Number and street

City or town, state, and ZIP code

Child 3 If same as shown for Child 1, check this box

Number and street

City or town, state, and ZIP code

Child 4 If same as shown for Child 1, check this box

Number and street

City or town, state, and ZIP code

Otherwise, enter below.

Otherwise, enter below.

Otherwise, enter below.

Form 8862 (Rev. 11-2018)

Form 8862 (Rev. 11-2018)

Page 4

Part V

Qualifying Child of More Than One Person (continued)

 

22Did any other person (except your spouse, if filing jointly, and your dependents claimed on your return)

live with Child 1, Child 2, Child 3, or Child 4 for more than half the year?

Yes

If “Yes,” enter the relationship of each person to the child on the appropriate line below.

 

No

Other person living with Child 1: Name

Relationship to Child 1

Other person living with Child 2: If same as shown for Child 1, check this box

Name

Relationship to Child 2

Other person living with Child 3: If same as shown for Child 1, check this box

Name

Relationship to Child 3

Other person living with Child 4: If same as shown for Child 1, check this box

Name

Relationship to Child 4

Otherwise, enter below.

Otherwise, enter below.

Otherwise, enter below.

To determine which person can treat the child as a qualifying child for the EIC and CTC/ACTC, see Qualifying Child of More Than One Person in Pub. 501.

Note: The IRS may ask you to provide additional information to verify your eligibility to claim each credit.

Form 8862 (Rev. 11-2018)

Document Specifications

Fact Name Description
Purpose The IRS Form 8862 is used to claim the Earned Income Tax Credit (EITC) after previously being disqualified.
Eligibility Taxpayers who were denied the EITC must complete this form to prove eligibility for future claims.
Submission This form should be filed with your tax return in the year you want to claim the EITC again.
State Variations Some states may require additional forms to claim state-level credits similar to EITC.
Deadline It must be submitted by the tax filing deadline, typically April 15, unless an extension is filed.

Steps to Filling Out IRS 8862

After gathering necessary information and documents, the next step involves completing the IRS 8862 form accurately to proceed with your tax return. It is essential to ensure all entries are correct, as mistakes can lead to delays or denials in credits.

  1. Obtain a copy of the IRS 8862 form. This can be downloaded from the IRS website or requested from a local IRS office.
  2. Begin with line 1. Enter your name and your Social Security number as they appear on your tax return.
  3. Complete line 2 with the name and Social Security number of your spouse if you are married and filing jointly.
  4. Move to line 3. Indicate which tax year you are claiming the credit for.
  5. For line 4, provide the number of qualifying children you are claiming for the Child Tax Credit or the Additional Child Tax Credit.
  6. On line 5, answer the questions regarding whether you were required to file a return for the years in question.
  7. Provide additional information on line 6 if required. Include the name of any individual who can provide more information about your claim.
  8. Carefully review all entries for accuracy. Ensure each field is filled out correctly.
  9. Sign and date the form at the bottom to verify that the information is true and accurate.
  10. Submit the completed IRS 8862 form along with your tax return to the IRS.

More About IRS 8862

What is IRS Form 8862?

IRS Form 8862 is a document used by individuals who have previously had their claims for the Earned Income Tax Credit (EITC) denied or revoked. It allows these individuals to reapply for the credit by demonstrating that they meet the eligibility requirements in the current tax year.

Who needs to file Form 8862?

If your claim for the Earned Income Tax Credit was disallowed in the past or you received a notice from the IRS regarding the revocation of the credit, you must file Form 8862 when you want to claim the credit again. Additionally, anyone who received a letter from the IRS stating that they must file this form to qualify for the EITC in future years must do so.

What are the eligibility requirements for claiming the EITC?

To qualify for the EITC, you must meet several criteria. You need to have earned income, a valid Social Security number, and a filing status that is not "married filing separately." The amount of your credit can vary based on your income level, number of qualifying children, and filing status. Form 8862 requires you to provide detailed information to prove your current eligibility for the credit.

How do I fill out IRS Form 8862?

Form 8862 requires basic information about your identity and your tax situation. You will provide your name, Social Security number, and any qualifying children. Additionally, you will need to answer specific questions about whether you meet the conditions to claim the EITC. Take your time when completing the form to ensure accurate information is provided. If you need assistance, consider reaching out to a tax professional.

Where do I submit IRS Form 8862?

You should submit Form 8862 along with your tax return. If you are filing your return electronically, you can include the form in the submission. If you are submitting a paper return, include Form 8862 with your completed tax documents and mail it to the appropriate address as indicated in the instruction booklet for your tax return.

What happens after I submit Form 8862?

Once the IRS receives your Form 8862, they will review the information provided. If they confirm your eligibility, your claim for the EITC will be reprocessed, and you may receive the credit. The IRS may also reach out if they require additional information or documentation to complete the review.

Can Form 8862 be rejected?

Yes, Form 8862 can be rejected if the IRS determines that you do not meet the qualifications for the EITC, or if there are inconsistencies in the information provided. In such cases, you will receive a notice explaining the reason for the denial. To resolve the issues, you may need to clarify any misunderstandings or provide further information.

Are there any consequences of incorrectly filing Form 8862?

If you incorrectly file Form 8862, it can lead to financial implications. If the IRS finds inaccuracies, your claim for the EITC may be denied, and you could face penalties for submitting incorrect information. Always ensure you provide accurate and truthful information on your tax forms to avoid complications.

Where can I find help if I have more questions about Form 8862?

If you have additional questions or need assistance with Form 8862, consider visiting the IRS website, where you can find detailed instructions and resources. Additionally, reaching out to a tax professional may provide clarity on your specific situation and help ensure that your tax return is completed accurately.

Common mistakes

  1. Incorrect Personal Information: One common mistake is failing to provide accurate personal details. This includes your name, Social Security Number, and address. Even small discrepancies can lead to delays or denials.

  2. Missing Signatures: The form requires signatures from the taxpayer and, if applicable, their spouse. Neglecting to sign the form can invalidate the application.

  3. Inaccurate Tax Year Information: Individuals often forget to indicate the correct tax year. Ensure you select the specific year for which you are requesting the Earned Income Credit.

  4. Failure to Attach Required Documents: Supporting documents that prove eligibility must be included. Omitting these can result in the application being denied or suspended.

  5. Assuming Automatic Approval: Some filers mistakenly believe that submitting the form guarantees the Earned Income Credit. In reality, eligibility must be carefully evaluated by the IRS.

  6. Not Keeping Copies: Failing to retain a copy of the completed form and submitted documents is a recurring oversight. Keeping records will aid in future filings or inquiries regarding the application status.

Documents used along the form

The IRS 8862 form is essential for taxpayers who have previously lost certain tax credits and wish to reclaim them. Along with this form, several other documents may be necessary to properly support your claim and ensure your tax filing is complete. Here are some commonly used forms and documents in conjunction with the IRS 8862:

  • IRS 1040 Form: This is the standard individual income tax return form used to report your annual income and calculate your tax liability.
  • IRS 8862 Form: Already mentioned, this form is used to request the reinstatement of tax credits after being disqualified in previous years.
  • IRS 8863 Form: This form is used to claim education credits for qualified tuition and related expenses, crucial for many taxpayers.
  • W-2 Forms: These documents are issued by employers to show the income earned and taxes withheld during the year.
  • 1099 Forms: Independent contractors and freelancers usually receive these forms to report various types of income received other than wages.
  • Form 1040-X: This is the amendment form to correct errors on a previously filed tax return, sometimes necessary when reapplying for credits.
  • Schedule C: Self-employed individuals must use this form to report income and expenses related to their business activities.
  • Proof of Residency: Documents such as utility bills or rental agreements may be required to establish residency for claiming certain credits.

These documents will help present a complete and compelling case when submitting your IRS filings. Keeping them organized and accessible can streamline the process, making it easier to address any issues that may arise.

Similar forms

The IRS Form 8862, titled "Information to Claim Certain Refundable Credits After Disallowance," shares similarities with Form 1040-X, the Amended U.S. Individual Income Tax Return. Both forms are used to rectify past tax filings and ensure compliance with IRS regulations. While Form 8862 specifically addresses the eligibility for refundable credits after a disallowance, Form 1040-X allows taxpayers to make corrections to their tax returns, whether it be to claim additional deductions, correct filing status, or amend income amounts. This can be crucial for taxpayers wanting to reclaim credits or adjust their financial standing after a previous denial.

An additional document similar to Form 8862 is Form 8863, known as the "Education Credits (American Opportunity and Lifetime Learning Credits)." Like Form 8862, which focuses on eligibility for refundable credits, Form 8863 is specifically designed for claiming education-related credits. Taxpayers must provide certain information to qualify for these credits, often requiring documentation about qualified education expenses. Both forms emphasize the importance of meeting specific eligibility criteria and maintaining accurate documentation, thereby highlighting the IRS's commitment to preventing improper claims.

Form 6251, the Alternative Minimum Tax—Individuals, is another document that shares similarities with Form 8862. Both forms address situations where taxpayers must provide additional information to determine their tax liability. While Form 8862 deals with eligibility for certain credits, Form 6251 assesses whether a taxpayer is subject to the alternative minimum tax. Completing either form requires careful attention to detail and a thorough understanding of the tax implications, reinforcing the need for accurate reporting to avoid surprises at tax time.

Lastly, Form 8843, the "Statement for Exempt Individuals and Individuals With a Medical Condition," bears resemblance to Form 8862 as both documents involve providing detailed information to the IRS. Form 8843 is necessary for certain non-resident aliens who want to establish their status for tax purposes. Specifically, while Form 8862 seeks to determine eligibility for refundable credits after disallowance, Form 8843 helps to clarify the tax status of individuals who may not be subject to regular tax rules. Both documents highlight the IRS’s focus on proper identification and validation of taxpayer status for different categories.

Dos and Don'ts

When completing the IRS 8862 form, following some guidelines can help ensure a smooth process. Here are some important dos and don'ts:

  • Do read the form instructions carefully to understand each section.
  • Do provide accurate and complete information to avoid delays.
  • Do ensure you have the necessary documentation to support your claim.
  • Do file the form promptly with your tax return, if applicable.
  • Don't omit any required information, as this can lead to rejection.
  • Don't rush through the form; take your time to review your entries.
  • Don't forget to sign and date the form before submitting it.
  • Don't ignore the filing deadlines to avoid penalties.

Misconceptions

The IRS Form 8862 is important for those who have had their tax credits disallowed in the past. However, there are several misconceptions about this form that might prevent individuals from understanding its purpose and processes. Here is a list of common misunderstandings:

  • Form 8862 is only for a specific type of tax credit. Many people think this form is only for the Earned Income Credit, but it is used for multiple credits, including the Child Tax Credit.
  • You don't need to file Form 8862 if your disallowed credit was just a mistake. Even if the disallowance was unintentional, filing the form is still required to receive the credit again.
  • Once a credit is disallowed, you can never claim it again. This is not true. You can reclaim credits if you meet the requirements and file the correct documentation.
  • Form 8862 has to be filed every year. This form only needs to be filed if your credit was previously disallowed and if you claim the same credit again.
  • Filing Form 8862 guarantees you will receive your tax credit. While it allows you to claim the credit, the IRS must review your information to ensure you meet the eligibility criteria.
  • This form is only for individuals, not for families. Families can also fill out the form if they previously had their credits disallowed.
  • You can file Form 8862 separate from your tax return. It must be included with your tax return, as it is not filed separately.
  • Filing Form 8862 is a quick process. It can take time for the IRS to process your form and review your eligibility, so be prepared for a possible delay.
  • Once you submit Form 8862, you do not need to keep any records. It is essential to maintain your tax documents and any records supporting your qualification for the credits.
  • Everyone needs to file Form 8862 after a disallowance. Only those whose credits were disallowed for a specific reason, such as lack of documentation or eligibility, need to complete it.

Understanding these misconceptions can help you navigate the process more easily. It's crucial to follow the correct steps to ensure you receive the credits for which you are eligible.

Key takeaways

The IRS 8862 form is a critical component for taxpayers who have been denied the Earned Income Tax Credit (EITC) in the past. Understanding how to correctly fill out and utilize this form can significantly impact one’s tax filing experience. Here are some key takeaways:

  • Purpose of Form: IRS 8862 is used to claim the Earned Income Credit after it has been denied in prior tax years.
  • Eligibility Requirements: One must meet certain qualifications, such as having a qualifying child or meeting income thresholds, to successfully use this form.
  • Accurate Information: Ensure that all information provided on the form is accurate and truthful to avoid penalties or further denial.
  • Supporting Documentation: Gather any necessary documentation, such as proof of qualifying children, to support your claim.
  • Timely Filing: Submit the 8862 form along with your tax return for the year you are claiming the credit.
  • Future Modifications: If you are later denied the EITC again, you may need to address specific issues related to eligibility before reapplying.
  • Keep Copies: It's advisable to keep copies of the submitted form and any additional documentation for your records.
  • Consult a Professional: When uncertain about filling out the form, consulting a tax professional can provide guidance and clarity.