Preparer due diligence

Tax preparer due diligence checklist for Form 8867

Form 8867 is only the last step. The IRS also expects knowledge, meaning follow-up questions when facts look wrong, and records of what the client told you and showed you. This list is grouped by the credit or status that triggers the form, so you can send the client only the sections that apply to their return.

Who sends itSent by the preparer to a client whose tax year 2026 return, filed in 2027, is likely to claim the EITC, a child-related credit, the AOTC or head of household. Send it at intake, before you start the return.

Reviewed November 9, 2026 · 29 items

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01Before you start the return

02Earned income credit

03Child tax credit and other dependents

04Divorced or separated parents

05American opportunity credit

06Head of household

07Your file and retention

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Questions about this checklist

Which returns need Form 8867?

A paid preparer completes Form 8867 for any return or amended return that claims the EIC, the CTC, ACTC or ODC, the AOTC, or head of household status. The client does not complete it. It is filed with the return, and a return claiming several items needs the checks for each one.

What is the penalty for a due diligence failure?

For a return filed in 2026, the IRS instructions state $650 per failure, for each of the four credits or head of household status, so $2,600 if all four are involved. The amount is adjusted for inflation, so confirm the figure for returns filed in 2027 before you quote it.

Is a client's word enough if they have no documents?

Not when the facts look incorrect, inconsistent or incomplete. Form 8867 lines 3 and 4 ask whether you made reasonable inquiries and documented them. Write down the question, the answer and the date, and ask for a document where one exists.

What is the real cost of an unsupported child on the EITC?

For tax year 2025 the maximum EITC is $4,328 with 1 qualifying child and $7,152 with 2, a difference of $2,824. A second child with no residency proof puts that amount, and your penalty exposure, on the line.

How can a client send this list without a login?

In Usual a client opens a personal link with no password, uploads documents, and a yes or no answer such as "Are you claiming a child?" can show or hide the follow-up items. Reminders stop when everything is in.

Sources

Checked November 9, 2026. Tax rules, forms and thresholds change; confirm them with the IRS or your tax software before relying on them.

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