will the irs give me problems if i claim my lil brother this year?
i was dissalllowed an eic 3 years ago and have not claimed it since, must i include from 8862 with my return. what documents are sufficent enought to prove that we lived in the same home. i have no bills coming to that address. will they give it to me or will they give me trouble?
have lease, all bills in landlords name. paystubs. car registration. cell phone bills.
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August 24th, 2010 at 7:24 am
You can claim your little brother as a dependent only if you provide more than half of his support and he lived with you for at least 6 months as well as meeting other qualifications.
Most tax software help with most questions while filling out the forms.
Do you have any legal papers that give you guardianship of your brother?
August 24th, 2010 at 7:51 am
How many years were you banned from EIC? The choice is 2 years and 10 years.
If you were banned for 10 years, the form 8862 won’t do you any good.
If it was 2 years, then you fill out form 8862.
Be absolutely certain that you qualify. Since you are hoping for EIC, you need proof that you and your brother lived in the same household for more than 6 months. Lack of utility bills hurts. What else do you have that shows you lived there?
August 24th, 2010 at 8:48 am
You may want to get a professional preparer to review your submission. The preparer may have specific suggestions.
1. Proof of where you live (your lease).
2. Proof your brother lives with you (address on school records, address on medical records).
3. Proof the individual is your brother (your birth certificate and his birth certificate).
4. Statements from your landlord, minister, child’s school.
5. If child has received mail at your address, that mail. Especially if it is a government benefit.
You must include Form 8862.
August 24th, 2010 at 9:00 am
According to IRS:
Form 8862
If your EIC for any year after 1996 was denied or reduced for any reason other than a math or clerical error, you must attach a completed Form 8862 to your next tax return to claim the EIC. You must also qualify to claim the EIC by meeting all the rules described in this publication.
However, do not file Form 8862 if either (1) or (2) below is true.
1.
After your EIC was reduced or disallowed in the earlier year:
1.
You filed Form 8862 in a later year and your EIC for that later year was allowed, and
2.
Your EIC has not been reduced or disallowed again for any reason other than a math or clerical error.
2.
You are taking the EIC without a qualifying child for 2007 and the only reason your EIC was reduced or disallowed in the earlier year was because the IRS determined that a child listed on Schedule EIC was not your qualifying child.
Also, do not file Form 8862 or take the EIC for:
*
2 years after there was a final determination that your EIC claim was due to reckless or intentional disregard of the EIC rules, or
*
10 years after there was a final determination that your EIC claim was due to fraud.
For details, see Are You Prohibited From Claiming the EIC for a Period of Years? in this chapter.
The date on which your EIC was denied and the date on which you file your 2007 return affect whether you need to attach Form 8862 to your 2007 return or to a later return. The following examples demonstrate whether Form 8862 is required for 2007 or 2008.
August 24th, 2010 at 9:18 am
The lease would be sufficient to prove anything that water bills, utility bills, etc., would otherwise prove, so the lack of bills would not be a problem.
You would need some way to prove that he (and not just you) was living there. Assuming that he is also receiving no bills at that address, and that he is too young to be listed on the lease, you might try to use school records.