Desktop: Form 8862 - Information To Claim Certain Credits-2025

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Claiming false deductions like dependents is considered tax evasion and is, therefore, a felony with potentially severe criminal penalties. However, the IRS will only consider alleging a malicious dependent fraud if the taxpayer demonstrated willfulnessmeaning that you have to be aware of your crime to be charged.
Check if you qualify for CalEITC Youre at least 18 years old or have a qualifying child. Have earned income of at least $1 and not more than $31,950. Have a valid Social Security Number or Individual Taxpayer Identification Number (ITIN) for you, your spouse/RDP, and any qualifying children.
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.
The dependents birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
In cases of erroneous claim for refund or credit, a penalty amount is 20 percent of the excessive amount claimed. An excessive amount is defined as the amount of the claim for refund or credit that exceeds the amount allowable for any taxable year.
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The accuracy-related penalty is 20% of the portion of the underpayment of tax that is attributable to negligence or disregard of rules or regulations. In cases of substantial understatement, the accuracy-related penalty is 20% of the portion of the underpayment of tax.
How to fill out an 8862 form? Start by entering personal information such as your name, address, and Social Security number. Indicate the tax year youre claiming the Earned Income Credit (EIC) for. Answer questions related to EIC disqualification, if applicable.
There is no quick fix for this situation your only option is to mail in the return to assert your right to claim the child. The person who claimed them incorrectly should amend their return asap before the IRS sends they a letter with penalties and interest.

form 8862 irs