For preparers who sign returns claiming EITC, CTC, AOTC, or Head of Household — the §6695(g) due diligence requirements that apply separately to each of the four items on the same return, and the Form 8867 documentation that closes the exposure.
One return carrying EITC, CTC, AOTC, and Head of Household produces four separately-testable preparer penalty exposures under IRC §6695(g). The same four due diligence requirements — the knowledge requirement, the record retention requirement, the eligibility documentation requirement, and the Form 8867 completion requirement — apply to each of the four items independently. A preparer who signs the return signs one Form 8867 that covers all four; each line the preparer answers, or fails to answer correctly, is a separately-testable due diligence position.
This course covers the §6695(g) framework and applies it to each of the four items. Coverage includes the substantive eligibility rules for EITC (earned income calculation, qualifying child tests, investment income limitation), CTC and ACTC (qualifying child under IRC §152, income phase-outs), AOTC (qualified education expense definition under §25A, four-year limitation), and Head of Household (residency tests, support tests, qualifying person requirements). Each substantive rule feeds a specific line on Form 8867 and a specific documentation obligation the preparer must retain in the client file.
The course closes with the documentation architecture that satisfies §6695(g) if the return is audited — what the preparer must have obtained, what must be retained, and how long. Two hours of Federal Tax credit.
By the end of this course, participants will be able to:
The four due diligence requirements, how each applies separately to each of the four covered items, and the preparer penalty amount per failure.
Earned income calculation, qualifying child tests, the investment income limitation, and the Form 8867 lines and supporting documentation specific to EITC.
Qualifying child tests under IRC §152, the income phase-out schedule, the refundable ACTC computation, and the Form 8867 documentation covering these items.
Qualified education expense definition under IRC §25A, the four-year limitation, half-time enrollment requirements, and the Form 1098-T and institutional documentation the preparer retains.
Residency and support tests, the qualifying person definition and its interaction with dependency rules, and the Form 8867 documentation for the filing-status determination.
What the preparer must obtain and retain under §6695(g), how long records must be kept, and what a §6695(g) audit examines when it walks into a preparer's file.
Jennifer Harris Smith, JD, CPA. Attorney (Texas). CPA (Texas). Member of Texas Bar College. Full bio →