The CP79A is an expanded version of the CP79. In addition to banning EITC, it may also ban you from claiming the Child Tax Credit, the Additional Child Tax Credit, and the American Opportunity Credit for a specified period. The ban results from a determination that your prior claim was due to reckless disregard of the rules (2-year ban) or fraud (10-year ban).
Credits Affected
The CP79A identifies which credits are banned and for how long. The ban can apply to EITC alone or to EITC plus CTC/ACTC plus AOC. Losing all three refundable credits for multiple years can cost a family tens of thousands of dollars.
After the Ban
When the ban period expires, you must file Form 8862 with the first return claiming any of the previously banned credits. The IRS will review the return with heightened scrutiny. If Form 8862 isn't included, the credits are automatically denied.
Challenging the Ban
If you believe the ban was imposed incorrectly, you can dispute it through audit reconsideration, Tax Court (if a statutory notice was issued), or by providing evidence that your original claim was correct. The burden is on you to demonstrate that the prior claim met all eligibility requirements.
If you've received a CP79A, call us at (813) 229-7100.