MEDIUMPENALTY

IRS Notice CP79: What It Means & How to Respond

IRS Notice CP79 informs you that the IRS has denied or disallowed a claim for a tax credit, most commonly the Earned Income Tax Credit (EITC), due to missing or incorrect information. This notice requires immediate action to understand the specific reason for the denial and determine if you can provide the necessary documentation to appeal the decision. Failure to respond promptly may result in the permanent loss of the claimed credit.

Response Deadline

Typically 30 days from the date printed on the notice. This deadline is crucial for submitting an appeal and supporting documentation.

What This Notice Means

Receiving Notice CP79 means the IRS reviewed your tax return and determined that you do not qualify for a specific tax credit you claimed, or that the amount claimed is incorrect. This is not a bill, but rather an official notification explaining why the credit was disallowed (usually EITC, Child Tax Credit, or Additional Child Tax Credit). The IRS sends this notice when their records indicate that the qualifying child listed on your return does not meet the residency, age, relationship, or joint return tests necessary to claim the credit. For example, the notice might state that the child listed was claimed by another taxpayer, or that the child's Social Security Number does not match IRS records for that tax year. The notice will clearly identify the specific credit and the tax year affected, usually resulting in a reduction of your refund or an increase in your tax liability. It is crucial to review the enclosed explanation carefully to understand the exact reason for the disallowance.

Why You Received This Notice

You received IRS Notice CP79 because the IRS determined that the qualifying requirements for a tax credit were not met based on the information provided or available in their system. Common reasons include: 1. **Qualifying Child Claimed by Another Taxpayer:** The child listed on your return was also claimed by another person (such as a non-custodial parent or another relative). 2. **Failure to Meet Residency Test:** The qualifying child did not live with you for the required period during the tax year. 3. **Incorrect Social Security Number (SSN):** The SSN provided for the qualifying child or the taxpayer does not match IRS records, or the SSN is invalid for EITC purposes. 4. **Relationship Test Failure:** The claimed child does not meet the required relationship test (e.g., they are not your son, daughter, stepchild, foster child, or a descendant of any of them). 5. **Lack of Documentation:** The IRS requested verification of the qualifying child's status (e.g., through a prior audit or review) and the required documentation was not provided or was deemed insufficient.

What To Do Next

Your immediate priority is to carefully read the entire notice, paying close attention to the section detailing the specific reason for the credit disallowance. **Immediate actions (within 24-48 hours):** Gather all relevant documentation, including birth certificates, school records, medical records, and utility bills that prove the child lived with you and meets all qualifying tests for the tax year in question. **Short-term actions (within 1-2 weeks):** If you agree with the IRS determination, no further action is usually required, although you should ensure any resulting balance due is paid. If you disagree, you must prepare a formal response (appeal) package. This package should include a signed letter explaining why the IRS determination is incorrect and copies of all supporting documents. Send your response via certified mail, return receipt requested, to the address listed on the notice. **Long-term considerations:** If the IRS determines you erroneously claimed the EITC due to reckless or intentional disregard of the rules, you may be prohibited from claiming the EITC for two to ten years, requiring you to file Form 8862 to reinstate the credit.

Consequences of Ignoring This Notice

Ignoring Notice CP79 or failing to respond by the deadline will result in the permanent disallowance of the claimed credit for that tax year. This will likely lead to an increased tax liability or a reduced refund. If the disallowance results in a balance due, the IRS will begin assessing penalties and interest on the unpaid amount, which accrue daily. Furthermore, if the IRS determines the error was due to reckless or intentional disregard of the rules, they can impose a ban preventing you from claiming the Earned Income Tax Credit (EITC) for two years (for reckless disregard) or ten years (for fraud). If the resulting tax debt remains unpaid, the IRS may eventually pursue collection actions, including wage garnishment or bank levies.