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Outline

The IRS 8862 form plays a crucial role for taxpayers who have previously claimed the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC) but faced disqualification in prior years. This form allows individuals to reclaim these credits after resolving issues that led to their disqualification. By submitting the 8862, taxpayers affirm that they meet the eligibility requirements for these credits in the current tax year. It is essential to understand that the IRS requires this form to be filed under specific circumstances, particularly after a disallowance of a claim for the EITC or CTC due to a failure to meet certain qualifications. Completing the form accurately and submitting it along with the tax return can significantly impact a taxpayer's financial situation, potentially resulting in substantial refunds. Furthermore, the IRS mandates that the form be filed in a timely manner, as delays or errors may affect the ability to receive these valuable credits. Understanding the requirements and implications of the IRS 8862 form is vital for taxpayers seeking to ensure compliance while maximizing their eligible tax benefits.

Sample - IRS 8862 Form

Form 8862

 

Information To Claim Certain Credits After Disallowance

 

OMB No. 1545-0074

 

 

 

Earned Income Credit (EIC), Child Tax Credit (CTC), Refundable Child Tax Credit (RCTC), Additional Child

 

 

 

 

(Rev. October 2024)

 

Tax Credit (ACTC), Credit for Other Dependents (ODC), and American Opportunity Tax Credit (AOTC)

 

 

 

 

Attachment

Department of the Treasury

 

 

 

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

 

Sequence No. 862

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/RCTC/ACTC/ODC, or AOTC if both of the following apply.

Your EIC, CTC/RCTC/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, 2024)

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 (nonrefundable or refundable)/

 

 

Additional Child Tax Credit/

 

Earned Income 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

No

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.

 

 

4Could you (or your spouse if filing jointly) be claimed as a qualifying child of another taxpayer for the year

entered on line 1?

Yes

No

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.

 

 

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

6Does your completed Schedule EIC for the year entered on line 1 show that you had a qualifying child for

the EIC?

Yes

No

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: See the instructions before answering. 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.

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 2 date of birth (MM/DD) /

Child 3 date of birth (MM/DD) /

Child 1 date of death (MM/DD) /

Child 2 date of death (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 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. 10-2024)

Form 8862 (Rev. 10-2024)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 entered on line 1, unless that year is 2021, you

 

 

cannot claim the EIC. See the Instructions for Form 8862 for more information.

 

 

 

11a

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

Yes

No

b

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

Yes

No

 

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

 

 

 

Part III Child Tax Credit (nonrefundable or refundable)/Additional Child Tax Credit/Credit for Other Dependents

12Enter the name(s) of each child for whom you are claiming the child tax credit/refundable child tax credit/additional child tax credit (CTC/RCTC/ACTC). If you are claiming the CTC/RCTC/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/RCTC/ 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/RCTC/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/RCTC/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

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

 

 

 

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

Only one person can claim the child as a qualifying child for the CTC/RCTC/ACTC/ODC. 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/RCTC/ACTC or the ODC based on having a qualifying child.

Form 8862 (Rev. 10-2024)

Form 8862 (Rev. 10-2024)

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

 

 

 

c

Student 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.

Form 8862 (Rev. 10-2024)

Form Information

Fact Name Details
Purpose The IRS Form 8862 is used to claim the Earned Income Credit (EIC) after a prior disallowance.
Eligibility Taxpayers who had their EIC denied or reduced in previous years must file this form to claim the credit again.
Filing Requirement This form must be submitted with the tax return for the year in which the EIC is being claimed.
Form Sections The form includes sections that require information about the taxpayer, qualifying children, and previous EIC claims.
Submission Method Form 8862 can be submitted electronically or by mail, depending on the method used for the tax return.
Processing Time Processing times for returns including Form 8862 may be longer than for standard returns due to additional review.
Impact of Errors Errors on Form 8862 can lead to delays in processing and potential denial of the Earned Income Credit.
State Forms Some states may have their own forms related to the Earned Income Credit; check state-specific guidelines.
Governing Laws Federal tax laws govern the use of Form 8862, specifically the Internal Revenue Code.
Resources The IRS provides instructions and additional resources on its website for completing Form 8862.

Detailed Guide for Filling Out IRS 8862

Once you have gathered the necessary information, you can begin filling out the IRS 8862 form. This form is used to claim certain tax benefits after they have been denied in previous years. Follow these steps to complete the form accurately.

  1. Download the IRS 8862 form from the official IRS website or obtain a paper copy.
  2. At the top of the form, fill in your name, Social Security number, and the tax year for which you are filing.
  3. In Part I, answer the questions about your eligibility for the tax benefit. Provide detailed information where required.
  4. In Part II, list any changes in your circumstances that have occurred since your last tax return. This could include changes in income, dependents, or marital status.
  5. Complete Part III if you are claiming the Earned Income Credit. Provide the necessary details about your qualifying children, if applicable.
  6. Review your answers for accuracy. Make sure all information is correct and complete.
  7. Sign and date the form at the bottom. If you are filing jointly, your spouse must also sign.
  8. Attach the completed form to your tax return when you file it.

After filling out the form, ensure that you keep a copy for your records. It is important to file it along with your tax return to avoid any delays in processing your claim.

Obtain Answers on IRS 8862

  1. What is the IRS Form 8862?

    IRS Form 8862, titled "Information to Claim Certain Refundable Credits After Disallowance," is a form used by taxpayers who previously had their claim for certain tax credits denied. This form allows individuals to provide necessary information to support their eligibility for credits like the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC) after a prior disallowance.

  2. Who needs to file Form 8862?

    If your claim for the EITC or CTC was disallowed in a previous tax year, you must file Form 8862 to reclaim these credits in a subsequent year. This form helps the IRS assess your eligibility based on updated information.

  3. What information is required on Form 8862?

    The form requires various details, including:

    • Your personal information, such as name and Social Security number.
    • Information about your qualifying children, if applicable.
    • Details regarding your income and tax situation for the relevant tax year.

    Accurate and complete information is crucial to avoid further complications.

  4. When should I submit Form 8862?

    Form 8862 should be submitted with your tax return for the year you are claiming the credits. It is essential to file it on time to ensure that you receive any refunds owed to you without unnecessary delays.

  5. What happens if I do not file Form 8862?

    If you fail to file Form 8862 when required, you will not be able to claim the EITC or CTC for that tax year. The IRS will deny your claim, which could result in a lower refund or a tax liability that you may not have anticipated.

  6. Can I e-file my tax return with Form 8862?

    Yes, you can e-file your tax return along with Form 8862. Many tax software programs include this form, making it easier to submit electronically. Ensure that all information is accurate to avoid any issues with your submission.

  7. Where can I find IRS Form 8862?

    You can find IRS Form 8862 on the official IRS website. It is available for download in PDF format. Additionally, many tax preparation services and software include the form as part of their offerings.

Common mistakes

Filling out the IRS Form 8862 can be a daunting task, especially for those who are unfamiliar with tax regulations. One common mistake is failing to provide accurate personal information. This includes the taxpayer's name, Social Security number, and filing status. If any of these details are incorrect, it can lead to delays or even rejection of the form.

Another frequent error is not understanding the eligibility requirements for claiming the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC). Many people mistakenly assume they qualify without verifying the specific criteria set by the IRS. This misunderstanding can result in submitting the form unnecessarily, which may complicate future tax filings.

Some individuals forget to include all necessary supporting documentation. The IRS requires specific records to substantiate claims made on Form 8862. Without these documents, the form may be deemed incomplete, leading to further complications. It’s essential to gather all relevant paperwork before submitting the form.

Additionally, people often overlook the importance of signing and dating the form. An unsigned form is considered invalid, and the IRS will not process it. This simple oversight can lead to significant delays in receiving any potential refunds.

Another mistake is not keeping copies of submitted forms. It’s crucial to retain a copy of Form 8862 and any attached documents for personal records. This can be helpful in case of future audits or inquiries from the IRS.

Some filers also misinterpret the instructions provided with the form. The guidelines are there to help taxpayers navigate the process, but many overlook them. Not following the instructions can lead to errors that could have been easily avoided.

In some cases, individuals may fail to check the status of their submitted form. After filing, it’s important to follow up to ensure that the IRS has received it and is processing it correctly. Ignoring this step can lead to unexpected surprises later on.

Lastly, procrastination can be a significant issue. Waiting until the last minute to fill out Form 8862 increases the likelihood of making mistakes. It’s advisable to complete the form well ahead of the tax deadline to allow ample time for review and corrections if needed.

Documents used along the form

The IRS 8862 form is used by taxpayers who have previously been denied the Earned Income Tax Credit (EITC) and are now seeking to claim it again. When filing this form, there are several other documents and forms that may be necessary to support your claim and ensure a smooth process. Below is a list of these forms, each with a brief description.

  • IRS Form 1040: This is the standard individual income tax return form used by U.S. taxpayers to report their annual income and calculate their tax liability.
  • IRS Form W-2: Employers provide this form to employees, detailing the wages earned and the taxes withheld throughout the year. It is essential for reporting income.
  • IRS Form 1099: This form is issued for various types of income received, such as freelance work or interest income, and is important for accurately reporting all sources of income.
  • IRS Form 8867: Known as the Paid Preparer's Due Diligence Checklist, this form is required for tax preparers who help clients claim the EITC, ensuring all eligibility criteria are met.
  • Proof of Residency: Documents such as utility bills or lease agreements may be needed to confirm that you lived in the same household for the entire year.
  • Social Security Cards: Providing Social Security numbers for all qualifying children is necessary to validate claims for credits like the EITC.
  • IRS Form 4506-T: This form allows taxpayers to request a transcript of their tax return, which can be useful for verifying income and tax information if needed.

Gathering these documents can help streamline the process of claiming the Earned Income Tax Credit and reduce the likelihood of errors or delays. Always ensure that all information is accurate and up to date when submitting your forms to the IRS.

Similar forms

The IRS Form 8862 is used by taxpayers to claim the Earned Income Credit (EIC) after their eligibility has been denied in a previous year. Several other IRS forms and documents serve similar purposes or relate to tax credits and eligibility verification. Below is a list of ten documents that share similarities with Form 8862.

  • Form 1040: This is the standard individual income tax return form. Like Form 8862, it is essential for reporting income and claiming tax credits.
  • Form 8863: This form is used to claim education credits. It requires taxpayers to provide information about their eligibility, similar to how Form 8862 verifies eligibility for the EIC.
  • Form 8867: This form is the Paid Preparer's Due Diligence Checklist for EITC. It ensures that tax preparers check eligibility for the EITC, akin to the verification process of Form 8862.
  • Form 8332: This form is used to release a claim to exemption for a child. It establishes eligibility for dependency exemptions, paralleling the dependency verification aspect of Form 8862.
  • Form 2441: This form is used to claim the Child and Dependent Care Credit. It requires information about qualifying individuals, similar to the requirements in Form 8862.
  • Form 8880: This form is used to claim the Credit for Qualified Retirement Savings Contributions. It involves eligibility criteria that taxpayers must meet, much like the requirements for the EIC.
  • Form 8862 (for prior year claims): A duplicate of the original form, this version is used for claiming the EIC in a subsequent year after a denial, reinforcing the need for eligibility verification.
  • Form 8888: This form allows taxpayers to split their refund among different accounts. While not directly related to eligibility, it involves the proper reporting of credits and refunds, similar to Form 8862.
  • Form 8962: This form is used to claim the Premium Tax Credit. It requires verification of eligibility based on income and family size, mirroring the eligibility verification process of Form 8862.
  • Form 8965: This form is for claiming an exemption from the Affordable Care Act's individual mandate. It involves verifying eligibility for an exemption, akin to the eligibility checks in Form 8862.

Dos and Don'ts

When filling out the IRS 8862 form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are nine things to consider:

  • Do read the instructions carefully before starting the form.
  • Don't leave any required fields blank; provide all necessary information.
  • Do double-check your Social Security Number (SSN) and other identifying information for accuracy.
  • Don't submit the form if you do not meet the eligibility criteria for claiming the Earned Income Tax Credit (EITC).
  • Do keep a copy of the completed form for your records.
  • Don't forget to sign and date the form before submitting it.
  • Do seek assistance from a tax professional if you have questions or uncertainties.
  • Don't ignore deadlines; submit the form on time to avoid delays in processing.
  • Do review your tax return for consistency with the information provided on the IRS 8862 form.

By following these guidelines, individuals can navigate the form submission process more effectively and enhance their chances of a successful outcome.

Misconceptions

The IRS 8862 form, also known as the "Information to Claim Certain Refundable Credits After Disallowance," is often misunderstood. Here are five common misconceptions about this form:

  • It is only for low-income taxpayers. Many believe that the 8862 form is exclusively for those with low income. In reality, it can be used by any taxpayer who has had certain credits disallowed in the past, regardless of their income level.
  • Filing the form guarantees a refund. Some taxpayers think that submitting the 8862 form will automatically lead to a refund. However, the form simply provides information to support the claim for credits. Approval depends on meeting all eligibility requirements.
  • It must be filed every year. There is a misconception that the 8862 form needs to be submitted annually. In fact, it only needs to be filed if a taxpayer's claim for a refundable credit was disallowed in a previous year and they wish to claim it again.
  • It is only for the Earned Income Tax Credit (EITC). While many associate the 8862 form primarily with the EITC, it is applicable to several other refundable credits as well, including the Additional Child Tax Credit and the American Opportunity Credit.
  • Filing the form is complicated and time-consuming. Some individuals view the process of completing the 8862 form as overly complex. In reality, it is designed to be straightforward, with clear instructions available to help taxpayers navigate the process.

Understanding these misconceptions can help taxpayers navigate the complexities of claiming refundable credits more effectively.

Key takeaways

Filling out the IRS 8862 form can be crucial for taxpayers who have previously been denied certain tax credits. Here are some key takeaways to keep in mind:

  • The IRS 8862 form is used to claim the Earned Income Tax Credit (EITC) or the Child Tax Credit after a previous denial.
  • You must complete this form if your claim for these credits was denied due to a lack of eligibility.
  • Ensure all information is accurate and complete to avoid further complications with your tax return.
  • Submit the IRS 8862 form along with your tax return for the year you wish to claim the credits.
  • Keep copies of all documents and forms submitted for your records.
  • Filing this form does not guarantee approval; the IRS will review your eligibility again.
  • Be aware of deadlines. Submit your form as soon as possible to avoid delays in processing your tax return.
  • If you are unsure about your eligibility, consider consulting a tax professional for guidance.

Taking these steps seriously can help ensure a smoother process when claiming your tax credits.