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Old 04-10-2015, 10:39 PM
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earn income credit problem

In 2011 I filled a tax return as head of household with my fiance (now wife) and her (our) child. Well obviously I got the earn income tax credit but in 2012 I was audited and long story short bc I was not in the birth certificate at the time I filling the return I had to pay back what they gave me I sent in so much material to defend my claim that I was the soul income and supported both her and our child. I've been paying on this for since and its just getting crazy and for the past years since then I've always had to pay in and me and my wife are finally going to admit my name to the birth certificate so my question is that what will they do when I 're submit the document stating I have legal rights over the child? Will they make me stop paying or will they refund me everything I've paid in so far? I've heard multiple positive things from many different tax preparers.



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Old 04-13-2015, 06:07 PM
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In 2011 I filled a tax return as head of household with my fiance (now wife) and her (our) child.=======>> ;yes , you can file return as HOH on your qualifying child on your child between you and her.

Well obviously I got the earn income tax credit but in 2012 I was audited and long story short bc I was not in the birth certificate at the time I filling the return I had to pay back what they gave me I sent in so much material to defend my claim that I was the soul income and supported both her and our child. I've been paying on this for since and its just getting crazy and for the past years since then I've always had to pay in and me and my wife are finally going to admit my name to the birth certificate so my question is that what will they do when I 're submit the document stating I have legal rights over the child?=======>>>>>>>>>>I guess not only you but the tax preparer must have been fined $500 per return due to due diligence violation; just for reference, The IRS sent letters to thousands of paid tax return preparers reminding them to be careful in areas where the IRS has seen frequent errors in returns, such as the Earned Income Tax Credit. Anyway, in my opinion, the most direct way to prove the child is yours to claim is with her birth certificate. The birth certificate enables you to both prove parentage and apply for other legal proofs, such as a Social Security number, and register her for school. The certificate you received from the hospital when your child was born is not the proof you need. You must use a certified copy of the birth certificate issued by the state or county where the child was born.


THIS is/can be fundamentally also legal ISSSUE;I guess it depends on the situation; Rememeber;basically, if the error was due to your reckless/intentional disregard of EIC rules , then you can not claim EITC for the next two years.if it was due to fraud, then, you can not claim the credit for the next ten years.Whehter the error was intentional/reckless or not WAS DETERMINED by the IRS NOT BY YOU. So you need to contact the IRS for more accurate info in detail. I think that it is UP TO THE IRS decision. AND NOBODY KNOWS HOW THE IRS makes a decision on it.


Will they make me stop paying or will they refund me everything I've paid in so far? I've heard multiple positive things from many different tax preparers.===>>As mentioned above; it the final decision is up to the IRS.UNLESS the error was intentional/reckless, it might be possible to reclaim EITC. You need to prove it to them. This is all I can tell you and good luck for you on this issue.



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