Tax Tidbits
IRS Steps-Up Enforcement of EITC Claims Great Volunteer Opportunity for all MACPA Members!

The Earned Income Tax Credit (EITC) is the single-largest federal government cash assistance program for low income earning taxpayers in the United States. In 2006, there were more than 22 million EITC returns filed, paying out in excess of $43 billion. The IRS estimates that between 23 and 28 percent of those claims had been overstated, thus, somewhere between 10 and 12 billion dollars in improper claims were paid to unqualified taxpayers. Seventy percent of the EITC claims made every year are completed by tax professionals on behalf of their clients.

The IRS, in an effort to curb misstated EITC claims in the future, has developed a due diligence system that seeks to reduce overstated claims and introduce penalties for tax preparers who fail to meet the following four requirements when claiming the credit on behalf of their clients:
  1. Completion of eligibility checklist;
  2. Computation of the credit;
  3. Knowledge (evaluation of information received by the tax preparer, provided by the taxpayer);
  4. Record Retention

A description of each due diligence requirement is available via the IRS.gov website.

One of the IRS’s main objectives in setting forth these new requirements is to ensure tax preparers pay close attention to the information being provided by their clients. If misinformation is being provided to the tax preparer, it is the responsibility of that preparer to perform their due diligence in investigating questionable claims. Tax preparers who do not to meet the four requirements could be assessed a $100 fine per failure and/or subject to disciplinary action by the IRS Office of Professional Responsibility. (Additional detail regarding the preparer penalties is available here.)

An IRS approved EITC toolkit for tax professionals is available at http://www.eitcfortaxpreparers.com/.


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