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There is a waiting period to claim the EIC after a disallowance. Its length is determined by the nature of your disallowance. If you were deemed reckless or had intentional disregard for the rules, the waiting period is two years. Its 10 years if the disallowance was determined to be attempted fraud.
You filed earlier in the year and your claim was reduced or disallowed only because the IRS determined that a child you reported as your qualifying child for claiming the EIC was not in fact your qualifying child AND. You are now claiming the EIC without a qualifying child.
Go to .irs.gov/Form8862 for instructions and the latest information. 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.
If the IRS determined a taxpayer claimed the credit(s) due to reckless or intentional disregard of the rules (not due to math or clerical errors) the taxpayer cant claim the credit(s) for 2 tax years. If the error was due to fraud, then the taxpayer cant claim the credit(s) for 10 tax years.
Claiming a child who is not a qualifying child for the EITC This error occurs when taxpayers claim a child who does not meet all four tests for a qualifying child. This is the most common EITC error.
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Form 8862 Information To Claim Certain Credits After Disallowance is used to claim the Earned Income Credit (EIC) if this credit was previously reduced or disallowed by the IRS, and you now wish to claim the credit on this years return.
If the IRS rejected one or more of these credits: EITC, CTC, ACTC or AOTC, you may have received a letter stating that the credit was disallowed. If you wish to take the credit in a future tax year, you must redocHub by filing Form 8862 with your tax return.
You would have received a notice in the mail. In addition, the refund that you actually received from the IRS would have been less than what was reported on the return that you filed. If you are unsure if you have been previously disallowed for EIC, you would need to contact the IRS at 1-800-829-1040 to find out.
Taxpayers complete Form 8862 and attach it to their tax return if: Their earned income credit (EIC), child tax credit (CTC)/additional child tax credit (ACTC), credit for other dependents (ODC) or American opportunity credit (AOTC) was reduced or disallowed for any reason other than a math or clerical error.

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