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Consequences of Errors on Your EITC Returns

You are responsible for what's on your return even when someone else prepares it for you. Filing a tax return with an error on your EITC claim can:

  • Delay the EITC part of your refund until we correct the error. The delay can take up to several months.
  • Cause us to deny all or part of your EITC. If we deny all or a part of EITC:
    • You must pay back the amount of EITC paid in error plus interest.
    • You may need to file the Form 8862, Information to Claim Earned Income Credit after Disallowance, to claim EITC again.
    • If the error is because of reckless or intentional disregard of the rules, we could ban you from claiming EITC for the next two years.
    • If the error is because of fraud, we could ban you from claiming EITC for the next ten years.

Form 8862, Information to Claim Earned Income Credit after Disallowance

If we denied or reduced your EITC for any year after 1996 for any reason other than a math or clerical error, you must:

  1. Qualify to claim EITC by meeting all the rules. For more information, see “Do I Qualify for EITC.”

         and

  1. Attach a completed Form 8862, Information to Claim Earned Income Credit after Disallowance, to your next tax return to claim EITC.

Help Your Preparer Get Your Return Correct

If you pay someone to prepare your return, that person and the firm the person works for has some additional responsibility to make sure your return is correct. Expect your preparer, whether you pay or it’s free, to ask you many questions to make sure your return is correct. You can help your preparer by answering all questions asked and by bringing all the documents your preparer needs to get the return correct. See our page, “Be Prepared to Get the EITC You Earned” for a list of what to bring to your preparer.

Resources for Preparing Your Return:

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Page Last Reviewed or Updated: 25-Feb-2014