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Level 2
January 17, 2020
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IRS Letter 5138 and 5025 - EITC Due Diligence Requirements

  • January 17, 2020
  • 15 replies
  • 95 views

Hi Everyone, 

Just received the IRS 5138 and 5025 letters which basically states that I have am not been meeting the EITC due diligence requirements. I have tried to reach the IRS to ask them what are the specific issues they have encountered with my tax returns. Their response is to read the guidelines and no further information can be provided.  

I wanted to know if anyone else has received these letters and how have they handled this situation. 

Thanks.

 

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Best answer by Just-Lisa-Now-

You may want to go through and see how the questions on the 8867 are being answered, make sure youre not misreading any of them and answering incorrectly.

15 replies

Just-Lisa-Now-
Intuit Community Champion
January 17, 2020

You may want to go through and see how the questions on the 8867 are being answered, make sure youre not misreading any of them and answering incorrectly.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
IRonMaN
Level 15
January 17, 2020
Since the are saying that without an office visit, I agree with Lisa. Out of curiosity, how many EIC returns do you prepare?

Slava Ukraini!
Just-Lisa-Now-
Intuit Community Champion
January 17, 2020

@IRonMaN wrote:
Since the are saying that without an office visit, I agree with Lisa. Out of curiosity, how many EIC returns do you prepare?


Ohh, that reminds me, I wanted to see how many EIC returns I file....looks like 40 out of approx 600 clients in 2018.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
George4Tacks
Level 15
January 17, 2020

These two letters are simply warning letters to alert you to a POSSIBLE problem with the returns you are filing. I would suggest you start to gather more documentation for any EITC return you do. Get copies of birth certificates. Get a copy of a school record. CAREFULLY READ the Instructions and make sure you are in compliance. We did have one user a couple of years ago that was hit with something like $50,000 in penalties. They never came back to post a resolution, but I do see they are still in business. 

IRS operates a honesty system based on FEAR. 

https://www.irs.gov/pub/irs-pdf/i8863.pdf

 

Answers are easy. Questions are hard!
Just-Lisa-Now-
Intuit Community Champion
January 17, 2020

@George4Tacks wrote:

These two letters are simply warning letters to alert you to a POSSIBLE problem with the returns you are filing. I would suggest you start to gather more documentation for any EITC return you do. Get copies of birth certificates. Get a copy of a school record. CAREFULLY READ the Instructions and make sure you are in compliance. We did have one user a couple of years ago that was hit with something like $50,000 in penalties. They never came back to post a resolution, but I do see they are still in business. 

IRS operates a honesty system based on FEAR. 

https://www.irs.gov/pub/irs-pdf/i8863.pdf

 


I remember that one, scary stuff!  Didnt she have like 90 EIC returns she had marked that she had some kind of records for, but she didnt have them.... at $500 penalty each.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Just-Lisa-Now-
Intuit Community Champion
January 17, 2020

This might help with what you should have access to    https://www.irs.gov/pub/irs-pdf/f886he.pdf

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15
January 3, 2023

if you're (un)lucky, maybe IRS will call you.  This is what their website says:

We send letters to preparer's clients to inform them their return may contain errors claiming the above tax benefits.

We make telephone calls to preparers who have received one of our letters and continue to appear to file returns with errors claiming the above tax benefits. We review due diligence rules and discuss possible consequences for not meeting those rules.

The calls are exempt from directives on IRS not contacting taxpayers by telephone. We will ask questions to confirm the preparer's identity, but we will [I think they left out "not") discuss specific client information or ask the preparer to disclose client information.

https://www.eitc.irs.gov/tax-preparer-toolkit/preparer-compliance-focused-and-tiered/reaching-out-to-preparers/reaching-out