Instructions For Form 8867 - Paid Preparer'S Earned Income Credit Checklist - 2015 Page 3

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the questions you asked and the answers you received. This is
$47,747 ($53,267 for married filing jointly) if the taxpayer has
how you meet your knowledge requirement.
three or more qualifying children,
$44,454 ($49,974 for married filing jointly) if the taxpayer has
Line 24. Check “Does not apply” on line 24 if you didn't need to
two qualifying children,
ask any additional questions because the taxpayer didn't give
$39,131 ($44,651 for married filing jointly) if the taxpayer has
you any information that appeared to be incorrect, inconsistent,
one qualifying child, or
or incomplete.
$14,820 ($20,330 for married filing jointly) if the taxpayer
Line 25. There are three separate questions on line 25. They
doesn't have a qualifying child.
are labeled (a), (b), and (c). If the answer to any of them ((a), (b),
Part III–Taxpayers Without a
or (c)) is “No,” check “No.”
Qualifying Child
If the answer to all three is “Does not apply,” check “Does not
apply.”
Otherwise, check “Yes.”
Line 16
Part V–Documents Provided to You
The taxpayer's home (and, if filing a joint return, his or her
spouse's home) must have been in the United States for more
than half the year.
Lines 26 and 27
United States. This means the 50 states and the District of
Keep copies of any documents provided by the taxpayer that
Columbia. It doesn't include Puerto Rico or U.S. possessions
you relied on to determine whether any child is a qualifying child.
such as Guam.
See Document Retention, later, for details.
Homeless shelter. The taxpayer's home can be any location
If you didn't rely on any documents, check the appropriate
where the taxpayer regularly lives. It doesn't need to be a
box (m, n, t and/or u on line 26 or k or l on line 27).
traditional home. If the taxpayer lived in one or more homeless
Check all the boxes that apply. However, if you check box a,
shelters in the United States for more than half the year, check
m, or n on line 26, do not check any other box from b to l on
“Yes.”
line 26. If you check box o, t, or u on line 26, do not check any
Military personnel stationed outside of the United States.
other box from p to s on line 26. If you check box a, k, or l on
U.S military personnel stationed outside the United States on
line 27, do not check any other box on line 27.
extended active duty are considered to live in the United States
during that duty period for purposes of the EIC. Extended active
There is no limit to the number of documents you can enter
on lines 26l, 26s, or 27j. If you need more space, use a separate
duty means the taxpayer is called or ordered to duty for an
indefinite period or for a period of more than 90 days. Once the
sheet of paper.
taxpayer begins serving on extended active duty, the taxpayer is
Document Retention
still considered to have been on extended active duty even if he
or she doesn't serve more than 90 days.
You must keep the records described in 4a, 4b, 4c, 4d, and 4e in
Line 17
the due diligence checklist near the bottom of page 3 of Form
8867. You must keep those records for 3 years from the latest of
Check “Yes” if the taxpayer (or the taxpayer's spouse if filing a
the following dates that apply.
joint return) was born after December 31, 1950, and before
The due date of the tax return (not including extensions).
January 2, 1991.
The date the return was filed (if you are a signing tax return
However, if either the taxpayer or the taxpayer's spouse died
preparer electronically filing the return).
in 2015, see Pub. 596 before you answer.
The date the return was presented to the taxpayer for
signature (if you are a signing tax return preparer not
Line 19
electronically filing the return).
The date you submitted to the signing tax return preparer the
The taxpayer's earned income and adjusted gross income
part of the return for which you were responsible (if you are a
each must be less than $14,820 ($20,330 for married filing
nonsigning tax return preparer).
jointly) if the taxpayer doesn't have a qualifying child.
These records may be kept on paper or electronically in the
Part IV–Due Dilligence Requirements
manner described in Revenue Procedure 97-22 (or later
update). Revenue Procedure 97-22 is on page 9 of Internal
Line 22
Revenue Bulletin 1997-13, which is available at
pub/irs-irbs/irb97-13.pdf.
Check “Does not apply” if:
The taxpayer does not have a qualifying child, or
Paperwork Reduction Act Notice. We ask for you to obtain
The taxpayer's qualifying child is the taxpayer's son or
the information on this form to carry out the Internal Revenue
daughter.
laws of the United States. You are required to obtain this
Line 23
information.
Check “Does not apply” if the answer to question 13a is “No.”
You are not required to obtain the information requested on a
form that is subject to the Paperwork Reduction Act unless the
Lines 24 and 25
form displays a valid OMB control number. Books or records
relating to a form or its instructions must be retained as long as
If a reasonable and well-informed tax return preparer
their contents may become material in the administration of any
knowledgeable in the law would conclude that any information
Internal Revenue law. Generally, tax returns and return
the taxpayer has given you appears to be incorrect, incomplete,
information are confidential, as required by Internal Revenue
or inconsistent with the taxpayer's eligibility to claim the EIC, you
Code section 6103.
must ask the taxpayer reasonable questions to get information
that is correct, consistent, and complete. You must document
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