2016 EIC was denied because I never filed form 8862 after I was disallowed in 2015.

[johnstaxissues]

Can i still fill out the form and send it in now even though its been a year or is it too late? And if its not too late, can i just fax it to the IRS or is there a specific way I have to do it?

[Rachel_W]

Yes, you still fill out the Form 8862, it is not too late.  How you need to file Form 8862 depends on the status of your 2016 Tax Return.

• If you E-Filed your 2016 Tax Return, it was Rejected, and you didn't mail it in: You will need to print your 2016 Tax Return, attach Form 8862, and mail it in. You have three years from the due date of the Return to file it.

• If you E-Filed your 2016 Tax Return, it was Rejected, and you did mail it in:  You will need to Amend your 2016 Tax Return using Form 1040X and mail it in with Form 8862 attached.  Click this link for instructions on Amending your Return:  How to Change a Tax Return You Already Filed 

• You would only fax or mail the Form 8862 if the IRS has already accepted your return and sent you a letter specifically asking you to do this.