8867 - Are questions 10,11,12 required to be checked?

[WTSAbe]

8867  Are questions 10,11,12 required to be checked? The software only requires 10 and 12 to be checked?   Last year the questions were different and it was clear that 11 shouldn't be check by the way the question was worded unless they had an active 8332 form. This year 11 and 12 may need to be check for every person claiming any credit. I read the instruction and it's unclear.  Last year if you check 11 by accident and the person didn't have an active 8332 is would have cause an error and mostly likely an audit. 

[IRonMaN · Accepted solution]

You have a "yes", "no", and a "NA" to choose from.  If you qualify for one of the applicable credits isn't it always safer to fill out the form completely by checking one of the boxes?

[Just-Lisa-Now-]

I feel like those have always needed to me marked...if there's kids involved and the parents don't live together, I always explain the rules to the client and mark the YES box...if no kids involved, then N/A

Im thinking marking the NO box would potentially become an issue for you.

[TaxGuyBill]

@Ashley at Intuit (aka Henry Jr)   @Matt105

This seems like Question #11 of Form 8867 NEEDS to be answered in 2018, but the OP seems to indicate that ProSeries is NOT treating it as a required field.  Can you look into that please?

[WTSAbe]

I'm the original poster. Last year these questions were 10a, 10b, 10c.  If 10a was Yes then you skip to 10c so you could leave 10b blank.  I'm assuming the programmer cut and pasted most of the code from last year for those questions.  I agree with @TaxGuyBill  and it seem the questions should be required if the clients have the CTC/ACTC.  Question 12 is should be Yes if the parents are separated and NA if they parents are not separated but should always be required.    

[Terry53029]

Here are the instructions from IRS for line 10,11,12 "As a paid tax return preparer, you must exercise due diligence to determine whether a taxpayer meets all of the eligibility requirements for the CTC/ACTC/ODC. Lines 10, 11, and 12 only ask three specific questions about eligibility for the CTC/ACTC/ODC. However, your client must meet all of the eligibility requirements for claiming the CTC/ACTC/ODC. Therefore, your client may not claim the CTC/ACTC/ODC unless all of the eligibility requirements for these credits are satisfied, regardless of the answers to the questions on line 12." so I think all three have to be answered.

[AshleyatIntuit]

yes TGB, I will see what I can find out.

[WTSAbe]

@Ashley at Intuit (aka Henry Jr)   Did you ever hear anything back about this issue?

[garman22]

Interesting this post...I noticed it before when practicing but I just prepared my first live return and I agree...this question should be a must to answer.

[WTSAbe]

@garman22 11 and 12  has me stressed out because the answer is either YES or N/A. At first I thought N/A was for if it didn't apply to the return but now I think it's for ODC only.  For example, if  a person claim their mother or other qualifying relative, you select N/A because it's not a qualifying child for the CTC/ACTC/ODC   Reason I think this now is because of the HOH requirement on the form. You can have somebody that file HOH that may not have any credits. So question 2 would be N/A.  IRS should provide instruction on what each answer means: YES means this,  NO means this, N/A is for this situation.

[Just-Lisa-Now-]

they had the pink error boxes in the 2017 version, showing them as required to be filled in.

[AshleyatIntuit]

Let me see if I can get you more information.

[garman22]

@WTSAbe I agree and I think as Lisa points out it should be prompted via the pink error boxes. And the IRS is not very forthcoming or clear on the specific questions. But I think PS should show as mandatory unless I am missing something.

[The-Tax-Lady]

They forgot a necessary box on the 8867 in 2017 also and it was not corrected till mid season.

[Just-Lisa-Now-]

I think it happened back several years ago as well, maybe 2014.

[TaxGuyBill]

@Ashley at Intuit (aka Henry Jr)

ProSeries is STILL not treating Line 11 as a required field.