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The IRS 8862 form plays a crucial role for taxpayers who have previously claimed certain tax credits, particularly the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC), but faced disallowance in prior years. When individuals find themselves in this situation, they may need to file this form to demonstrate their eligibility for these credits in subsequent tax years. The form serves as a declaration that the taxpayer has met the necessary requirements and is entitled to receive the credits they are claiming. Completing the IRS 8862 form requires careful attention to detail, as it asks for specific information about the taxpayer's circumstances, including income, filing status, and dependent information. By submitting this form, taxpayers signal to the IRS that they understand the rules surrounding these credits and are committed to complying with tax laws. Understanding the nuances of the IRS 8862 form is essential for those looking to reclaim their tax benefits and avoid potential penalties or further scrutiny from the IRS.

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Form 8862

 

Information To Claim Certain Credits After Disallowance

 

OMB No. 1545-0074

 

 

 

Earned Income Credit (EIC), Child Tax Credit (CTC), Refundable Child Tax Credit (RCTC), Additional Child

 

 

 

 

(Rev. October 2024)

 

Tax Credit (ACTC), Credit for Other Dependents (ODC), and American Opportunity Tax Credit (AOTC)

 

 

 

 

Attachment

Department of the Treasury

 

 

 

Attach to your tax return. Go to www.irs.gov/Form8862 for instructions and the latest information.

 

Sequence No. 862

Internal Revenue Service

 

 

Name(s) shown on return

 

 

Your social security number

 

 

 

 

 

 

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.

Your EIC, CTC/RCTC/ACTC/ODC, or AOTC was previously reduced or disallowed for any reason other than a math or clerical error.

You now want to claim the credit that was previously reduced or disallowed and you meet all the requirements for the credit.

Part I

All Filers

1

Enter the tax year for which you are filing this form (for example, 2024)

2Check the box(es) that applies to the credit(s) you are claiming and complete the part(s) that matches the box(es) you marked.

 

Child Tax Credit (nonrefundable or refundable)/

 

 

Additional Child Tax Credit/

 

Earned Income Credit

Credit for Other Dependents

American Opportunity Tax Credit

(Complete Part II)

(Complete Part III)

(Complete Part IV)

Part II Earned Income Credit

3If the only reason your EIC was reduced or disallowed was because you incorrectly reported your earned

income or investment income, check “Yes.” Otherwise, check “No.”

Yes

No

Caution: If you checked “Yes,” do not complete the rest of Part II. Attach this form to your tax return to

 

 

claim the EIC. If you checked “No,” continue.

 

 

4Could you (or your spouse if filing jointly) be claimed as a qualifying child of another taxpayer for the year

entered on line 1?

Yes

No

Caution: See the instructions before answering. If you (or your spouse if filing jointly) answer “Yes” to

 

 

question 4, you cannot claim the EIC.

 

 

If you are claiming the EIC with a qualifying child, continue to Section A. Otherwise, go to Section B.

 

 

Section A: Filers With a Qualifying Child or Children

Answer questions 5, 7, and 8 for each child for whom you are claiming the EIC.

Enter the name(s) of the child(ren) you listed as Child 1, Child 2, and Child 3 on Schedule EIC for the year entered on line 1 above.

5a Child 1

b Child 2

c Child 3

6Does your completed Schedule EIC for the year entered on line 1 show that you had a qualifying child for

the EIC?

Yes

No

Caution: If you checked “No,” you do not need to complete Part II, Section A. Go to Part II, Section B.

 

 

7Enter the number of days each child lived with you in the United States during the year entered on line 1.

Child 1

Child 2

Child 3

Caution: See the instructions before answering. If you enter less than 183 (184 if the year on line 1 is a leap year), you cannot claim the EIC for that child.

8If the child was born or died during the year entered on line 1, enter the month and day the child was born and/or died as month (MM)/day (DD). Otherwise, skip this line.

Child 1 date of birth (MM/DD) /

Child 2 date of birth (MM/DD) /

Child 3 date of birth (MM/DD) /

Child 1 date of death (MM/DD) /

Child 2 date of death (MM/DD) /

Child 3 date of death (MM/DD) /

Only one person may claim the child as a qualifying child for the EIC and certain other child-related benefits. If you cannot treat any of the children listed above as a qualifying child and have no other qualifying children, go to Part II, Section B.

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 25145E

Form 8862 (Rev. 10-2024)

Form 8862 (Rev. 10-2024)Page 2

Section B: Filers Without a Qualifying Child or Children

9a Enter the number of days during the year entered on line 1 that your main home was in the United States . . .

bIf married filing jointly, enter the number of days during the year entered on line 1 that your spouse’s main home

 

was in the United States

 

 

Caution: Members of the military stationed outside the United States during the year entered on line 1, see the

 

 

instructions before answering. If you enter less than 183 (184 if the year on line 1 is a leap year) on either line 9a or

 

 

9b (if filing jointly), you cannot claim the EIC.

 

 

 

10a

Enter your age at the end of the year on line 1

 

 

b

Enter your spouse’s age at the end of the year on line 1

 

 

 

Caution: If your spouse died during the year entered on line 1 or you are preparing a return for someone who died

 

 

during the year entered on line 1, see the instructions before answering. If neither you (nor your spouse if filing

 

 

jointly) were at least age 25 but under age 65 at the end of the year entered on line 1, unless that year is 2021, you

 

 

cannot claim the EIC. See the Instructions for Form 8862 for more information.

 

 

 

11a

Can you be claimed as a dependent on another taxpayer’s return?

Yes

No

b

Can your spouse (if filing jointly) be claimed as a dependent on another taxpayer’s return?

Yes

No

 

Caution: If either you (or your spouse if filing jointly) answer “Yes” to question 11, you cannot claim the EIC.

 

 

 

Part III Child Tax Credit (nonrefundable or refundable)/Additional Child Tax Credit/Credit for Other Dependents

12Enter the name(s) of each child for whom you are claiming the child tax credit/refundable child tax credit/additional child tax credit (CTC/RCTC/ACTC). If you are claiming the CTC/RCTC/ACTC for more than four qualifying children, attach a statement also answering questions 12 and 14–17 for those children.

a

Child 1

b

Child 2

c

Child 3

d

Child 4

13Enter the name(s) of each person for whom you are claiming the credit for other dependents (ODC). If you are claiming the credit for more than four dependents, attach a statement answering questions 13, 16, and 17 for those dependents.

a

Other dependent 1

b

Other dependent 2

c

Other dependent 3

d

Other dependent 4

14For each child listed in response to question 12, did the child live with you for more than half of the year or meet an exception described in the instructions?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

15For each child listed in response to question 12, did the child meet the requirements to be a qualifying child for the CTC/RCTC/ ACTC?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

16For each person claimed as a qualifying child or other dependent for the CTC/RCTC/ACTC/ODC, is that person your dependent?

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

Other dependent 1

 

Yes

No

Other dependent 2

Yes

No

 

 

 

Other dependent 3

 

Yes

No

Other dependent 4

Yes

No

 

 

 

17For each person claimed as a qualifying child or other dependent for the CTC/RCTC/ACTC/ODC, is that person a citizen, national, or resident of the United States? See Pub. 519 for more information on when a person is a resident of the United States or is treated as a resident of the United States.

Child 1

Yes

No

Child 2

Yes

No

Child 3

Yes

No

Child 4

Yes

No

Other dependent 1

 

Yes

No

Other dependent 2

Yes

No

 

 

 

Other dependent 3

 

Yes

No

Other dependent 4

Yes

No

 

 

 

Caution: If the answer is “No” for question 14, 15, 16, or 17, you cannot claim the CTC/RCTC/ACTC/ODC for that child or other dependent.

Only one person can claim the child as a qualifying child for the CTC/RCTC/ACTC/ODC. If you cannot treat any of the children listed above as a qualifying child and have no other qualifying children, you cannot claim the CTC/RCTC/ACTC or the ODC based on having a qualifying child.

Form 8862 (Rev. 10-2024)

Form 8862 (Rev. 10-2024)

Page 3

Part IV

American Opportunity Tax Credit

 

Answer the following questions for each student for whom you are claiming the AOTC. If you have more than three students, attach a statement also answering questions 18 and 19 for those students.

Enter the name(s) of the student(s) as listed on Form 8863.

18a

Student 1

 

 

 

b

Student 2

 

 

 

c

Student 3

 

 

 

 

 

 

 

 

19a

Did the student meet the requirements to be an eligible student for purposes of the AOTC for the year entered on line 1? See

 

Pub. 970 for more information.

 

 

 

 

 

 

 

Student 1

Yes

No

Student 2

Yes

No

Student 3

Yes

No

bHas the Hope Scholarship Credit or AOTC been claimed for the student for any 4 tax years before the year entered on line 1?

Student 1

Yes

No

Student 2

Yes

No

Student 3

Yes

No

Caution: If you answered “No” to question 19a or “Yes” to question 19b, you cannot claim the credit for that student.

Form 8862 (Rev. 10-2024)

Form Specifications

Fact Name Description
Purpose The IRS Form 8862 is used by taxpayers to claim the Earned Income Tax Credit (EITC) after having it denied in a previous year.
Eligibility Taxpayers must meet specific criteria to be eligible for the EITC, including income limits and filing status.
Filing Requirement This form must be filed with the tax return for the year in which the taxpayer is claiming the EITC again.
Previous Denial Form 8862 must be completed if the taxpayer's EITC was denied or reduced for any reason in the previous two years.
State-Specific Forms Some states may have their own forms to claim similar credits. For example, California has the California Earned Income Tax Credit (CalEITC) governed by California Revenue and Taxation Code Section 17052.
Submission Deadline The form must be submitted by the tax return due date, which is typically April 15, unless an extension has been filed.

IRS 8862: Usage Guidelines

After gathering all necessary information, the next step is to accurately complete the IRS Form 8862. This form is essential for taxpayers who need to claim certain credits after a prior disallowance. Follow these steps to ensure proper completion of the form.

  1. Begin by downloading the IRS Form 8862 from the official IRS website or obtaining a physical copy.
  2. Fill in your name, Social Security number, and the tax year for which you are claiming the credits at the top of the form.
  3. Provide your current address, including city, state, and ZIP code.
  4. Indicate whether you are filing as single, married filing jointly, married filing separately, head of household, or qualifying widow(er).
  5. Answer the questions in Part I regarding your eligibility for the credits. Ensure that all responses are accurate and complete.
  6. In Part II, provide information about the qualifying child or children, including their names, Social Security numbers, and relationship to you.
  7. Review the instructions for any additional documentation required to support your claims.
  8. Sign and date the form at the bottom. Make sure that the signature matches the name provided at the top of the form.
  9. Keep a copy of the completed form for your records before submitting it with your tax return.

Your Questions, Answered

What is the IRS Form 8862?

The IRS Form 8862, titled "Information to Claim Certain Refundable Credits After Disallowance," is a form that taxpayers must complete if they wish to claim certain tax credits after previously having their claims disallowed. This form is primarily used to reinstate eligibility for credits like the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC) after the IRS has denied them in the past. By submitting this form, taxpayers provide the IRS with the necessary information to determine their eligibility for these credits once again.

Who needs to file Form 8862?

Taxpayers who have had their claims for the Earned Income Tax Credit, Child Tax Credit, or other refundable credits disallowed in a prior year must file Form 8862 if they want to claim those credits in the current tax year. This requirement applies regardless of whether the disallowance was due to a mistake or a more serious issue, such as fraud. It is important to note that if a taxpayer was disallowed for a specific credit in a previous year, they must submit Form 8862 for each subsequent year they wish to claim that credit.

What information is required on Form 8862?

Form 8862 requires several pieces of information to be filled out accurately. Taxpayers must provide their personal details, including name, Social Security number, and filing status. Additionally, the form asks for information related to the disallowed credits, such as the tax year in which the disallowance occurred and the reason for the disallowance. Taxpayers must also confirm that they meet the eligibility requirements for the credits they wish to claim, demonstrating that their circumstances have changed since the disallowance.

How does filing Form 8862 affect my tax refund?

Filing Form 8862 can significantly impact your tax refund, especially if you are eligible for credits that could increase your refund amount. However, it’s important to understand that submitting this form does not guarantee that the IRS will approve your claim. The IRS will review the information provided on the form and may take additional steps to verify your eligibility. If approved, the credits can lead to a larger refund; if denied, your refund may be reduced or delayed.

Where can I find Form 8862 and how do I submit it?

Form 8862 can be found on the official IRS website, where it is available for download in PDF format. Taxpayers can fill it out electronically or print it to complete by hand. Once the form is completed, it should be attached to your tax return when you file it. If you are filing electronically, many tax software programs will guide you through the process of including Form 8862. Alternatively, if you are filing by mail, ensure that you send it to the appropriate IRS address based on your location and the form instructions.

Common mistakes

  1. Incorrect Personal Information: One common mistake is providing inaccurate personal details, such as the taxpayer's name, Social Security number, or address. This can lead to delays in processing.

  2. Failure to Check Eligibility: Some individuals do not verify their eligibility for the Earned Income Tax Credit (EITC) before filling out the form. This can result in unnecessary complications.

  3. Omitting Required Documentation: Applicants often forget to include necessary supporting documents, such as proof of income or residency, which are crucial for establishing eligibility.

  4. Incorrect Filing Status: Selecting the wrong filing status can affect eligibility for the EITC. Many people mistakenly choose a status that does not apply to their situation.

  5. Neglecting Previous Year Issues: Failing to address any prior issues related to the EITC can lead to automatic disqualification. It is essential to resolve any past discrepancies before reapplying.

  6. Rushing Through the Form: Some individuals fill out the form too quickly, leading to careless errors. Taking time to review each section can prevent mistakes.

  7. Ignoring Instructions: Skipping over the detailed instructions provided with the form can result in misunderstandings about what information is required.

  8. Not Keeping Copies: Failing to keep a copy of the completed form and any submitted documents can create problems if questions arise later. It's wise to maintain thorough records.

Documents used along the form

The IRS 8862 form, officially known as the "Application for the Reinstatement of the Claim for Certain Refundable Credits," is often accompanied by various other forms and documents that help clarify a taxpayer's eligibility for certain tax credits. These additional documents provide vital information to support claims and ensure compliance with tax regulations. Below is a list of commonly used forms and documents that may accompany the IRS 8862 form.

  • IRS 1040 Form: This is the standard individual income tax return form used by U.S. taxpayers. It reports income, deductions, and credits, and is essential for calculating tax liability.
  • IRS Schedule A: This form is used to itemize deductions. Taxpayers who choose not to take the standard deduction may use this form to detail their eligible expenses.
  • IRS Schedule C: Self-employed individuals use this form to report income and expenses from their business. It is crucial for determining net profit or loss.
  • IRS Schedule E: This form is used to report income or loss from rental real estate, royalties, partnerships, S corporations, estates, trusts, and residual interests in REMICs.
  • IRS Form 8863: This form is used to claim education credits, such as the American Opportunity Credit and the Lifetime Learning Credit, which can significantly reduce tax liability for eligible students.
  • IRS Form 8880: This form is used to claim the Retirement Savings Contributions Credit, also known as the Saver’s Credit, which incentivizes low- to moderate-income individuals to save for retirement.
  • IRS Form 1098: This form reports mortgage interest paid, which can be deducted from taxable income. It is essential for homeowners to substantiate their deductions.
  • IRS Form 1099: Various versions of this form report different types of income, such as freelance earnings or interest income. They are crucial for accurately reporting total income.
  • IRS Form W-2: Employers provide this form to report wages paid and taxes withheld for employees. It is a primary document for employees when filing their tax returns.

In summary, the IRS 8862 form is often accompanied by a variety of other forms and documents that provide essential information for tax filing. Each of these forms serves a unique purpose, contributing to a comprehensive understanding of a taxpayer's financial situation and eligibility for credits. Properly preparing and submitting these documents can help ensure a smoother tax filing process and compliance with IRS regulations.

Similar forms

The IRS Form 8862 is used by taxpayers to claim the Earned Income Tax Credit (EITC) after their eligibility has been denied in previous years. Several other forms share similar purposes or functions. Here are five documents that are comparable to Form 8862:

  • Form 1040: This is the standard individual income tax return form. Like Form 8862, it is essential for reporting income and claiming credits, but it is more comprehensive in scope.
  • Form 8863: This form is used to claim education credits. Similar to Form 8862, it requires specific eligibility criteria to be met and is filed to ensure that taxpayers receive the credits they qualify for.
  • Form 8880: This form allows taxpayers to claim the Retirement Savings Contributions Credit. Like Form 8862, it necessitates proof of eligibility and is aimed at helping taxpayers maximize their benefits.
  • Form 8865: This form is for reporting information regarding controlled foreign partnerships. While it serves a different purpose, it similarly requires detailed information to ensure compliance and eligibility.
  • Form 8889: Used for Health Savings Accounts (HSAs), this form is similar in that it requires specific qualifications to claim benefits, much like the requirements outlined in Form 8862 for the EITC.

Dos and Don'ts

When filling out the IRS Form 8862, it is essential to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.

Things You Should Do:

  • Review the eligibility requirements for claiming the Earned Income Tax Credit (EITC).
  • Provide accurate personal information, including your Social Security number and filing status.
  • Complete all sections of the form thoroughly.
  • Double-check your calculations for any credits or deductions.
  • Sign and date the form before submission.
  • Keep a copy of the completed form for your records.
  • Submit the form with your tax return if required.

Things You Shouldn't Do:

  • Do not leave any sections of the form blank.
  • Do not provide false information or misrepresent your eligibility.
  • Do not forget to include any required documentation.
  • Do not submit the form after the tax filing deadline.
  • Do not ignore instructions provided by the IRS.
  • Do not submit the form if you are not eligible for the EITC.
  • Do not assume your previous eligibility guarantees current eligibility.

Misconceptions

The IRS Form 8862, titled "Information to Claim Certain Refundable Credits After Disallowance," often leads to confusion among taxpayers. Here are seven common misconceptions about this form that need clarification:

  1. Form 8862 is only for low-income taxpayers.

    This is incorrect. While many low-income individuals may need to file this form to claim certain credits, it is not exclusively for them. Anyone whose credits were previously disallowed may need to submit Form 8862, regardless of income level.

  2. You can only file Form 8862 once.

    In reality, taxpayers can file this form multiple times if they continue to face disallowances. Each time a credit is denied, the taxpayer must submit Form 8862 to claim the credit again.

  3. Form 8862 guarantees you will receive your credits.

    Submitting Form 8862 does not guarantee approval of the credits. The IRS will review the form and the taxpayer's eligibility before making a decision. Approval is contingent on meeting all requirements.

  4. Filing Form 8862 is optional if you have previously been denied credits.

    This is misleading. If your credits were disallowed in the past, you are required to file Form 8862 to reclaim those credits in future tax years. Failure to do so will result in automatic denial.

  5. Form 8862 can be filed anytime during the tax year.

    This is not accurate. Form 8862 must be filed with your tax return for the year in which you are claiming the credits. It cannot be submitted separately after the return has been filed.

  6. Only one version of Form 8862 exists.

    There are actually different versions of Form 8862, depending on the specific credits being claimed. Each version may have different requirements and instructions that must be followed.

  7. Form 8862 is the only requirement for claiming credits after disallowance.

    This is misleading. While Form 8862 is essential, taxpayers must also ensure they meet all eligibility criteria for the credits they are claiming. Simply filing the form does not substitute for meeting the necessary requirements.

Understanding these misconceptions can help taxpayers navigate the complexities of claiming credits after disallowance and ensure compliance with IRS regulations.

Key takeaways

The IRS 8862 form is important for taxpayers who want to claim certain tax credits after a previous disallowance. Here are key takeaways to consider:

  • Purpose: The form is used to claim the Earned Income Tax Credit (EITC), Child Tax Credit (CTC), Additional Child Tax Credit (ACTC), or American Opportunity Credit (AOC) after a prior denial.
  • Eligibility: You must have previously claimed these credits and had them denied due to a lack of eligibility.
  • Filing Requirement: Submit the form with your tax return if you are claiming one of the credits after a disallowance.
  • Information Needed: Be prepared to provide details about your income, dependents, and any changes in your circumstances since the last filing.
  • Review Past Returns: Check your previous tax returns for any discrepancies or issues that may have led to the denial.
  • Time Limit: You can only use the form for credits that were disallowed in the previous two tax years.
  • IRS Processing: Expect that the IRS will take additional time to process your return if you include this form.
  • Documentation: Keep records and documentation that support your eligibility for the credits claimed on the form.

Understanding these points can help ensure a smoother process when filing your taxes and claiming credits on the IRS 8862 form.