Client Relationships Fraud Associated With the Earned Income Tax Credit Remains High Read the Article Open Share Drawer Share this: Click to share on X (Opens in new window) X Click to share on Facebook (Opens in new window) Facebook Click to share on LinkedIn (Opens in new window) LinkedIn Written by Mike D'Avolio, CPA, JD Modified Mar 5, 2019 2 min read The Treasury Department reports that fraud continues to be prevalent in the earned income tax credit (EITC) program. The IRS estimates that 22-26 percent of EITC payments were issued improperly in 2013, which resulted in a dollar value between $13.3 and $15.6 billion. Compliance Estimates for the EITC Claimed on 2006-2008 Returns, which was issued in August 2014, unenrolled return preparers reported 54 percent of over-claims on tax returns with the Earned Income Tax Credit. Income misreporting is the leading error type, while problems related to qualifying children make up the second most frequent type of error. In National Research Program audits, 94.8 percent of returns with EITC claims are subject to either an office audit or field audit. IRS sending tax preparer due diligence letters The IRS began sending educational Letters 5364 and 4858 to tax preparers in January 2015, and will continue to do so through the 2015 filing season. Letter 4858 addresses questionable earned income tax credit claims, and the IRS will continue to monitor EITC claims to see if the quality improves. If accuracy does not improve, follow-up measures will be taken, including an on-site audit. Letter 5364 is sent when Form 8867 (EITC checklist) is missing from the tax return, and follow-up procedures will include penalty assessment if Form 8867 continues to be missing. IRS contacting preparers by telephone The IRS is also calling some tax preparers who have received Letters 4833 and 5025 in the fall of 2014. The IRS is trying to address preparers who continue to file questionable EITC claims. For security purposes, the callers identify themselves as IRS employees, provide their ID numbers and ask the preparers to verify their identity. Preparers only need to provide the last four digits of their SSN or PTIN. EITC Resources The IRS provides an abundance of resources to ensure that your firm stays compliant with the Earned Income Tax Credit, in order to best service to your clients. Here are some of those resources: Compliance Estimates for the EITC Claimed on 2006-2008 Returns IRS Publication 596: comprehensive publication addressing all EITC rules, including child relationship, age and residency rules EITC Toolkit for Preparers EITC Due Diligence Requirements EITC Preparer Compliance Program EITC Assistant: interactive tool regarding EITC qualification requirements EITC income limits, maximum credit amounts and tax law update Previous Post Securing Client Data From ID Theft in a Tax Practice Next Post Provide Your Clients With Better Financial Solutions Written by Mike D'Avolio, CPA, JD Mike D’Avolio, CPA, JD, is a tax law specialist for Intuit® ProConnect™ Group, where he has worked since 1987. He monitors legislative and regulatory activity, serves as a government liaison, circulates information to employees and customers, analyzes and tests software, trains employees and customers, and serves as a public relations representative. More from Mike D'Avolio, CPA, JD Comments are closed. Browse Related Articles Tax Law and News When does a hobby become a business? Tax Law and News Is the IRS contacting your clients? Verify! Practice Management Practical uses of AI for productivity & client work Tax Law and News August 2025 tax and compliance deadlines Tax Law and News Big Beautiful Bill tax deductions for workers and seniors Advisory Services White paper: Scaling advisory services to your clients Tax Law and News Year-round tax planning tips for clients Practice Management Optimizing your firm for hybrid and remote work Grow your practice Scale your firm, your way Advisory Services Modern marriage issues: Postnup agreements