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March 2, 2020
Question

Denied earned income tax credit

  • March 2, 2020
  • 1 reply
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I was denied etic for 2019 and 2020. I got got married with one child on February  and have a babe due in April and was wondering if we will be denied for both our children or if she can fill her own taxes for 2020?

 

Any information would be helpful.

 

Sincerely Joshua080

1 reply

Employee
March 2, 2020

You might have been denied for 2018 and 2019, you did not file a 2020 return yet.

 

Why were you denied?  What was your relationship to the children?  Did you ever get a formal denial letter that barred you from claiming EITC in the future, or did you just have the credit canceled from your return?

March 2, 2020

I was denied due to someone else agi being higher than mine for my disabled nephew, but seen then I have moved, got married with her child and now have my own child due April this year. I did get a letter from the irs. Got to read if it was for 2018 and 2019 or 2019 to 2020.

 

Thank you

Employee
March 2, 2020

If you were denied EIC for any reason except a "math or clerical error" you must attach form 8862 to your return claiming EIC for 2020.  This appears to be simply a very detailed review of the EIC qualifications.  If you previously had a misunderstanding or dispute over who could claim your nephew, and now want to claim EIC for a child who is your spouse's biological child and your stepchild, then it should be no problem.  Turbotax can probably prepare this form under "Other tax situations."

 

However, if the EIC denial notice determined that you were reckless or intentionally disregarded the rules, then you are barred for 2 years and you can't get EIC even with form 8862.

 

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/earned-income-tax-credit-eitc-questions-and-answers#IRS_denied_EITC