Rectroactive Refunds

[WhiteOleander]

I was reading the NATP Tax Pro Monthly publication, Issue 12, December 2016. There is a year end wrap up article. On page 9 it is discussing some of the deductions and credits. There is a paragraph about the AOTC and form 1098T. It states "NEW: Retroactive claiming of the AOTC will not be allowed. Therefore, if you are not going to have the tax return filed by April 18, 2017, file an extension." Are they saying that amended returns filed to claim the AOTC will not be accepted? On page 10 it states that no retroactive claims will be accepted for EIC, CTC, and AOTC.

I have tried to find this on the IRS site looking in draft forms etc. I cannot find this mentioned anywhere. Does anyone have any other info on this?

Thanks

[TAXNJ]

Been hearing alot of changes. The one you mention have you tried the author of the article at NATP for an explanation or source?

[TaxGuyBill]

That is just saying that a taxpayer needs to already have a Social Security Number or ITIN before the due date of the tax return.

In other words, if a taxpayer doesn't get their SSN or ITIN until after the due date, they can't retroactively say "I have it now, so I qualify".

Amending for somebody who has already had a SSN or ITIN is still acceptable.


From Publications 972, 970 and 596:


Taxpayer identification number needed by due date of return. If you didn't have a social security number (an SSN) or ITIN by the due date of your 2015 return (including extensions), you can't claim the child tax credit or the additional child tax credit on either your original or an amended 2015 return, even if you later get an SSN (or ITIN). Also, neither credit is allowed on either your original or an amended 2015 return with respect to a child who didn't have an SSN, ATIN, or ITIN by the due date of your return (including extensions), even if that child later gets one of those numbers.

https://www.irs.gov/publications/p972/ar02.html#en_US_2015_publink100012088

You didn't have an SSN (or ITIN) by the due date of your 2015 return (including extensions), you can't claim the American opportunity credit on either your original or an amended 2015 return, even if you later get an SSN (or ITIN). Also, you can't claim this credit on your original or an amended 2015 return for a student who didn't have an SSN, ATIN, or ITIN by the due date of your return (including extensions), even if the student later gets one of those numbers

https://www.irs.gov/publications/p970/ch02.html#en_US_2015_publink1000204332

Filing deadline approaching and still no SSN. If the filing deadline is approaching and you still don't have an SSN, you can request an automatic 6-month extension of time to file your return.

https://www.irs.gov/publications/p596/ch01.html#en_US_2015_publink1000297358