Rejected for EIC a few years ago, can I apply again?

[tweller321]

Im eligible for EIC this year I was rejected a few years ago, my income was low enough a few years ago but I had too much investment income , my tax software, another brand, did not detect this and applied for me anyway and it was rejected via mail because although my income was low enough the investment income was too high.

Im eligible this year, would this be considered a "clerical error"? so I can just file again, or do I need to use the form 8862, should I check clerical or math error or not, or just not use this form and apply? thanks

[DawnC · Accepted solution]

E-file your return without Form 8862.   If the IRS requires it, your return will be rejected and you can go back in and add it - then submit your return again with the form.   On Form 8862, Part ll, Line 3 says - If the ONLY reason your EIC was disallowed was that you incorrectly reported your earned income or investment income, check YES and do not complete the rest of the form.