IRS claims I failed to send in form 8867 Due Diligence

Wilson 8 years ago

So I get a notice in my mailbox last Saturday that a letter from the IRS couldn't be delivered as I needed to sign for it. I know I shouldn't worry, but I had to wait until yesterday (Monday) to pick it up.

The postage on it was $6.67. When I opened it and found the notice saying that they '... received two or more tax year 2017 paper returns ... without a Form 8867.'

When I got home, I checked the returns for the two individuals they claimed I had failed to submit those forms for. Neither of them qualified nor received any EIC.

Just wondering how many other people have received this sort of letter and didn't do anything wrong either.

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Bob Sandler 8 years ago

Form 8867 is not just for EIC any more. You also have to submit it for the Child Tax Credit, Additional Child Tax Credit, and American Opportunity Credit. Did either of the returns have any of those credits?

Bob Sandler

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Wilson 8 years ago

Good call, but no. They both had children under 17, so got the Child Tax Credit on ln. 52 - form 1040, but neither had the ACTC nor AOC..

That end of the notice said that I didn't need to send the IRS the 8867 nor file an Amended return to correct anything.

However, they will continue to follow my work and I'm wondering whether I need to have my record modified or just wait to see if anything else happens. I'm leaning towards the latter.

Thanks Bob,

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Bob Sandler 8 years ago

You are supposed to submit Form 8867 even for the nonrefundable child tax credit on 1040 line 52. That is undoubtedly why you got the letter.

Bob Sandler

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