Filing Back Returns

Jun 27, 2011 2 Replies

I don't usually take on non-filers, but for some reason I just did! I am filing



2005, 2006, 2007, 2008, and 2009. I have already filed a timely 2010 for this client. My questions are simple I think, but I just can't put my finger on any authority.


  1. The client is claiming two children as dependents.....will he be able to claim the "child tax credit" for these children on his late returns? (He otherwise qualifies)

  2. Will he be able to qualify for the 2008 Economic Recovery Rebate? Because the rebate was based on the 2007 return, and that return is just now being filed....can he claim the rebate on his 2008 return that is just now being filed?

Thank you for any help you may be able to provide!


filing 2005, 2006, 2007, 2008, and 2009. I have already filed a timely

2010 for this client. My questions are simple I think, but I just can't put my finger on any authority.

to claim the "child tax credit" for these children on his late returns? (He otherwise qualifies)

Because the rebate was based on the 2007 return, and that return is just now being filed....can he claim the rebate on his 2008 return that is just now being filed?

He can claim credit for these things and they will offset any tax he owes. However, for 2007 and earlier returns, he won't receive any refund.

Normally, right. However if the taxpayer has a medical reason for not having been able to file his earlier returns on time. the three year period is suspended and refunds are allowed for earlier returns. See IRC section 6577(h) and Rev. Proc. 99-21.

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