By situation

When the IRS reviews or denies the earned income credit

Returns with the credit are reviewed more often than others, mostly by letter. Answering on time with the right documents usually settles it.

Do you qualify for the earned income credit?

SSN valid for work for everyone?
Lived in the US over half the year?
Tax year

Everything you enter stays in this browser: nothing is sent or stored.

Federal EITC, tax year 2025

You qualify: $4,328

Earned income above zeromet
Income below $50,434met
Investment income $11,950 or lessmet
Valid SSNs for workmet

A qualifying child must also pass the relationship, age, residency and joint return tests. Not filing as married filing separately, unless separated.

When the IRS questions an earned income credit, it usually freezes the part of the refund linked to the credit and sends a letter asking for documents, often to show that a child lived with you more than half the year, that the child is related to you, or that self-employment income was earned. You answer by the date on the letter, with copies of school, medical, lease or business records. If the credit is denied or reduced for a reason other than a math or clerical error, you must attach Form 8862 to the first later return on which you claim it again. If the IRS finds the claim was due to reckless or intentional disregard of the rules, you cannot claim the credit for the next two years; if it finds fraud, for ten years. Several state credits fall with the federal one. You can ask the Taxpayer Advocate Service for help when a delay causes hardship.

IRS and state rules read by Radif Partners · Editorial policy · Method and sources

Common letters

Letter names as used by the IRS; read the letter itself for the deadline.
Letter or noticeWhat it means
Letter 4800C or a request for documentsThe IRS needs proof before allowing the credit; part of the refund is held
CP09You may qualify for the credit you did not claim; a worksheet is enclosed
CP27You may qualify for the credit without a qualifying child
CP75Your credit is under audit and the related part of the refund is held
CP79 or CP79AA past denial: you must file Form 8862, and a ban may apply

Claiming again after a denial

Form 8862, Information to Claim Certain Credits After Disallowance, explains what changed: a child who now meets the residency test, a correct Social Security number, income that is now documented. Without it, the IRS denies the credit on the new return automatically. Form 8862 is also used for the child tax credit and the American opportunity credit after a denial.

The bans

A ban is decided by the IRS, not automatic after any denial. It applies when the claim showed reckless or intentional disregard of the rules (two years) or fraud (ten years), and covers every year in the period, with no Form 8862 possible until it ends. An honest mistake, such as misunderstanding the residency test, leads to repaying the credit, with interest, but not to a ban.

Getting help

The Taxpayer Advocate Service, an independent office within the IRS, helps when a refund is held for a long time and causes hardship, or when the normal process does not work; its help is free. Low Income Taxpayer Clinics represent taxpayers in disputes with the IRS for free or a small fee. Answer every letter by the date it gives: if you do not, the credit is denied and the IRS sends a bill for any part already paid.

Questions people ask

Can I appeal if the IRS denies my earned income credit?

Yes. You can send new documents, ask to speak with the examiner's manager, or request a hearing with the IRS Independent Office of Appeals within the time given in the letter. If you receive a notice of deficiency, you have 90 days to petition the United States Tax Court, which has a simplified procedure for small cases.

What should I send when the IRS asks me to prove my child lived with me?

Records with the child's name and the same address as yours for more than half the year: school records or a letter from the school, medical or dental records, records from a day care provider, a social services agency or a place of worship, or a lease listing the child. A statement from a landlord, employer or doctor on letterhead also works.

Do I need Form 8862 every year after a denial?

No. Form 8862 is attached once, to the first return on which you claim the credit again after the denial. If the IRS accepts that claim, later returns do not need it, unless the credit is denied again. It is not needed if the only problem was a math or clerical error, or if you now claim the credit without a qualifying child after a denial based only on a child.

Check next

IRS and state pages behind this page

Written by

Independent publisher of a calculator that adds the federal earned income credit, the state earned income credits and the child tax credit for one household, from the IRS revenue procedures and the state tax codes

IRS and state figures checked on · Editorial policy · Contact

Federal and state earned income credits 2026, read in the IRS revenue procedures and each state tax code, last checked on