schirallicpa Posted January 8 Report Posted January 8 These returns are delinquent. Can the TP claim EIC. I think not, but in a hurry to research and google - well - is google today and not steering me in the right direction. The EIC will not generate a refund but will reduce tax. Quote
jklcpa Posted January 8 Report Posted January 8 57 minutes ago, schirallicpa said: These returns are delinquent. Can the TP claim EIC. No, can't claim the EIC now. https://www.irs.gov/businesses/small-businesses-self-employed/filing-past-due-tax-returns From the above linked IRS page: Quote Claim a refund You risk losing your refund if you don't file your return. If you are due a refund for withholding or estimated taxes, you must file your return to claim it within 3 years of the return due date. The same rule applies to a right to claim tax credits such as the Earned Income Credit. We hold income tax refunds in cases where our records show that one or more income tax returns are past due. We hold them until we get the past due return or receive an acceptable reason for not filing a past due return. 2 Quote
BulldogTom Posted January 9 Report Posted January 9 As a practical matter, I file the delinquent returns as they would have been had they been filed within the statute, knowing that the credits should be disallowed. However, I have found that the IRS processes and only denies the refundable portion in most cases. It has been a while so don't rely on this.... Tom Longview, TX 2 Quote
DANRVAN Posted January 9 Report Posted January 9 23 hours ago, jklcpa said: No, can't claim the EIC now. Agree, Refund Statute Expiration Date (RSED) is three years 1 Quote
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