Form 8867 - Guide 2023US Expat Tax Service-2025

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A record of how, when, and from whom the information used to prepare the form and worksheet(s) was obtained, and 5. A record of any additional information you relied upon including questions you asked and the taxpayers answers.
Form 8867 is the Paid Preparers Due Diligence Checklist for various tax credits, including the Earned Income Credit, American Opportunity Tax Credit, Child Tax Credit (including the Additional Child Tax Credit and Credit for Other Dependents), and Head of Household filing status.
Paid preparers of California income tax returns or claims for refund involving the California earned income tax credit (EITC) must meet due diligence requirements in determining the taxpayers eligibility for and the amount of the EITC. Failure to do so could result in a $500 penalty for each failure.
Paid preparers must file Form 8867 when a taxpayer is claiming the Child Tax Credit. This form is part of due diligence requirements by the IRS to avoid penalties. It is not required for the Lifetime Learning Credit, Premium Tax Credit, or Recovery Rebate Credit.
The Four Due Diligence Requirements Complete and Submit Form 8867. (Treas. Reg. section 1.6695-2(b)(1)) Compute the Credits. (Treas. Reg. section 1.6695-2(b)(2)) Knowledge. (Treas. Reg. section 1.6695-2(b)(3)) Keep Records for Three Years.

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A paid tax return preparer must complete Form 8867 whenever the following credits are part of the return: Earned Income Credit (EIC) Child Tax Credit (CTC) Additional Child Tax Credit (ACTC)
For every tax return or claim for refund you prepare claiming the EITC, CTC/ACTC/ODC, AOTC or HOH filing status, you must: Complete Form 8867 based on information provided to you by the taxpayer or information you otherwise reasonably obtain or know.
Documentation: Keep all supporting documents and records related to the claimed credits. Retain these records for at least three years from the due date of the tax return or the filing date, whichever is later.

8867 form