Client received his SS after due date but IRS doesn't show extension.

[Eddie903]

I'm pretty sure this is going to be hard to fight, but there was a paper extension filed and the IRS says they never received it.  Now they are saying, even though he got his social in time had the extension been processed, they are withholding EIC because they have no extension on file.  Is there anything that can be done in this situation? I am not the preparer but I feel bad since it is close to $6000 they are losing and I am pretty sure they are out of luck . 

[BobKamman · Accepted solution]

This relates to the rule, 

"To qualify for the EITC, you (and your spouse if filing a joint return) must have the required Social Security number (SSN) issued by the Social Security Administration on or before the due date of the tax return (including extensions)."

Did they use an ITIN to file the extension request?  Is that where IRS is looking for it?  Did they keep a copy of the extension request, or did the preparer?  I would start by asking for help from the Local Taxpayer Advocate.  

[Eddie903]

I believe the preparer has a copy. I am not sure.