Missed the Earned Income Tax Credit? How to Amend Past-Year Tax Returns to Claim EITC
The Earned Income Tax Credit (EITC) can be worth thousands of dollars for eligible workers and families. Many people find out years later that they could have claimed it but did not. In many cases, it is still possible to go back and claim past-year EITC by filing an amended tax return.
This guide from HowToGetAssistance.org explains, in plain language, how past-year EITC usually works, who may be able to claim it, and how to use official IRS channels to request money you might have missed. This site is not an IRS office, not a government agency, and not a place to file or amend your taxes—but it can help you understand the process before you contact official resources.
What Is the Earned Income Tax Credit (EITC)?
The Earned Income Tax Credit is a federal tax credit for people who worked and had earned income (such as wages or self-employment income), but whose income stayed below certain limits.
Key points:
- It is a refundable credit, which means:
- It can lower the tax you owe, and
- If the credit is larger than your tax bill, you may get the difference as a refund.
- You usually claim it when you file your tax return.
- If you didn’t claim it in a year you were eligible, you may be able to amend that year’s return to get the credit now.
Many people miss EITC because:
- Their income changed and they didn’t realize they were eligible.
- They filed quickly or used a very simple filing method.
- They were students, part-time workers, or had self-employment income and did not know the rules.
- They did not file a tax return at all because they thought they earned too little.
Can You Claim EITC for Past Years?
In many cases, yes. The IRS generally lets taxpayers claim EITC for up to three prior tax years by filing an amended return, as long as you:
- Were eligible for the credit in those years, and
- File within the time limit for refunds (often within three years of the original due date of the return).
Because time limits are strict and can change, it’s important to check current rules through:
- The official IRS website, or
- The IRS telephone assistance line.
If you never filed a tax return for a year when you were eligible for EITC, you may still be able to:
- File an original return for that year (instead of an amended return), and
- Claim EITC if you qualify and it’s still within the refund time frame.
Basic EITC Eligibility (Past or Current Years)
While the exact income limits, credit amounts, and phase-out ranges change every year, some core rules tend to stay similar. In each year you want to claim EITC, the IRS generally looks at:
1. Earned Income Requirement
You usually must have earned income, such as:
- Wages, salaries, or tips
- Self-employment or gig income (even if you didn’t get a 1099)
- Certain disability benefits paid as wages
You typically cannot count:
- Unemployment benefits
- Social Security benefits (not from current work)
- Child support or alimony
- Investment income above a small limit (the exact limit varies by year)
2. Income and Filing Status Limits
For each tax year:
- Your earned income and adjusted gross income (AGI) must be below the IRS limits for that year.
- Eligibility and credit size also depend on:
- Filing status (single, head of household, married filing jointly, etc.)
- Number of qualifying children (0, 1, 2, 3+)
The IRS typically publishes an EITC income limit chart for each tax year. To check past-year limits, you may need to:
- Visit the IRS website and look for “EITC income limits” by year, or
- Call the IRS and ask about EITC rules for specific tax years.
3. Social Security Number and Residency Rules
For each year you want to claim EITC, generally:
- You, your spouse (if filing jointly), and any qualifying children must have valid Social Security numbers that meet IRS requirements for that year.
- You must have been a U.S. citizen or resident alien for the full year in most cases.
- You usually cannot claim EITC if you file as married filing separately.
4. Rules for Qualifying Children
If you claim EITC with children, each child must meet IRS tests for that year, often including:
- Relationship: Your child, stepchild, foster child, sibling, or certain descendants (like a grandchild or niece/nephew).
- Age: Generally under a certain age limit (which can vary slightly by year), or a full-time student, or permanently and totally disabled.
- Residency: Lived with you in the United States for more than half the year.
- Joint return: The child is not filing a joint return with a spouse (except in limited situations).
If you do not have children, you may still qualify for a smaller EITC for workers without qualifying children, but additional age and residency rules usually apply.
How Far Back Can You Amend a Return to Claim EITC?
The IRS generally has time limits on refunds, often described as:
- Three years from the date you filed the original return, or
- Two years from the date you paid the tax,
whichever is later.
Because this can be confusing, many people think of it this way:
- You usually have about three years from the original deadline of the return to claim a refund, including EITC.
- For example, a tax return due in April of a given year might typically be amendable for a refund until roughly three years after that due date.
However, specific deadlines can shift due to:
- Extensions
- Special relief periods
- Changes in tax law
To avoid missing out:
- Check the current IRS rules for amending returns and refund deadlines.
- If you are close to the deadline, consider contacting a certified tax preparer, IRS volunteer tax assistance site, or the IRS directly as soon as possible.
When Do You Need an Amended Return vs. an Original Return?
You may need either an amended return or an original return, depending on whether you already filed that year’s taxes.
If You Already Filed a Tax Return for That Year
You typically file an amended return (usually Form 1040-X) when:
- You filed but did not claim EITC, and
- You now believe you were eligible for EITC for that year.
On the amended return, you would:
- Update your entries to add EITC,
- Correct any income or filing status errors, and
- Recalculate your refund or balance due.
If You Never Filed a Return for That Year
If you did not file at all for a year when you had earned income and think you qualified for EITC:
- You usually file an original tax return for that year (for example, Form 1040 for that year).
- You include EITC on that original return, as if you were filing on time.
- This still must be done within the refund time limit, so it is important to check what years are still open.
Step-by-Step: How to Amend a Return to Claim Past-Year EITC
HowToGetAssistance.org cannot file or amend returns for you, but this overview can help you understand the usual process so you know what to expect when you go through official IRS resources or a qualified tax preparer.
Step 1: Confirm Which Years You Might Qualify
Make a list of past years where both were true:
- You worked and had earned income.
- You either did not file a return or filed a return without claiming EITC.
Then, for each year:
- Check your approximate income, family situation, and filing status.
- Compare them to the EITC rules for that specific year using:
- The IRS website, or
- IRS phone assistance, or
- A reputable tax preparation service or tax clinic.
Step 2: Gather Documents for Each Year
For each tax year you’re looking at, it usually helps to gather:
- Proof of income
- W-2 forms from employers
- 1099 forms for contract, gig, or self-employment income
- Records of cash income (if applicable), such as invoices, logs, or bank statements
- Personal information
- Social Security numbers (or other taxpayer IDs, if applicable at that time) for you, your spouse, and any children
- Dates of birth
- Residency and relationship proof (especially if claiming children)
- School records, medical records, or letters that show the child lived with you
- Birth certificates or adoption records to show relationship
- Original tax return for that year (if you filed)
- A copy of the return you filed (Form 1040, 1040A, etc.)
- Any notices from the IRS related to that year
If you are missing W-2s or 1099s, you may be able to:
- Request copies or transcripts from the IRS by contacting the IRS directly, or
- Ask former employers or payers if they can provide a copy.
Step 3: Get the Correct Forms for Each Year
For an amended return:
- You would generally need:
- Form 1040-X (Amended U.S. Individual Income Tax Return), and
- A copy of the original return for that year, plus any schedules that change.
- If you are claiming EITC with children, you may also need:
- The EITC schedule or worksheet used for that year, which explains how you calculated the credit.
For an original return (if you never filed):
- You need the tax return form for that specific year (such as 2019 Form 1040, 2020 Form 1040, etc.).
- You also need any EITC-related worksheets or schedules that applied for that year.
These forms are typically available through:
- The IRS website (often in a “prior-year forms” area), or
- By calling the IRS and asking how to obtain prior-year forms by mail.
Step 4: Complete the Forms (On Paper or With Help)
For most past years, amending involves paper forms. Some key points:
- Carefully follow the instructions for that year.
- On Form 1040-X, you will usually:
- Show what you originally reported,
- Show the corrected amounts (including EITC), and
- Explain why you are amending (for example: “Now claiming Earned Income Tax Credit based on eligibility for tax year [year].”)
- Double-check:
- Your Social Security numbers and addresses,
- All income figures,
- That the EITC calculation is based on the correct year’s tables.
If this feels overwhelming, many people choose to get help from:
- A certified public accountant (CPA) or enrolled agent,
- A professional tax preparation company, or
- Free tax help programs, such as:
- Volunteer Income Tax Assistance (VITA) sites,
- IRS Tax Counseling for the Elderly (TCE) programs.
You can typically find these through:
- Official IRS resources,
- Local community centers,
- Nonprofit organizations, or
- By dialing 211 in many areas to ask about free tax help.
Step 5: Mail the Amended Return to the IRS
Most amended returns for past years must be mailed to an IRS processing center.
- Use the mailing address listed in the Form 1040-X instructions for your state.
- Send each year’s amended return in a separate envelope, unless the IRS instructions say otherwise.
- Consider:
- Making copies of everything for your records.
- Using a trackable mailing option so you know the IRS received it.
HowToGetAssistance.org cannot receive or forward any tax forms—your forms must go directly through official IRS channels.
Step 6: Wait for Processing and Track Status
Amended returns typically take longer to process than original returns.
- It is common for amended returns to take several weeks or even a few months.
- The IRS may offer an option (online or by phone) to check the status of an amended return.
- If the IRS needs more information, they may:
- Send you a letter asking for documents, or
- Request clarification about your income, children, or residency.
Respond to any IRS letters by the deadline listed, using the address or phone number printed on the notice.
Common Reasons Past-Year EITC Claims Are Delayed or Denied
Not every amended return for EITC is approved. Some common issues include:
- Missing or incorrect Social Security numbers
- Income reported incorrectly (for example, leaving out self-employment income)
- Children not meeting EITC rules for that year (especially residency or relationship)
- Filing status errors, such as using “married filing separately” when EITC requires a different status
- Trying to claim a year that is beyond the refund deadline
- Math errors in calculating the credit or tax
In some cases, if the IRS believes there is a pattern of incorrect EITC claims, they may:
- Request additional documentation, or
- Restrict EITC claims for a certain number of years unless you provide extra proof.
If your EITC is reduced or denied, the IRS typically sends a notice explaining:
- What changed, and
- Whether you can appeal or respond with more information.
What Happens If the IRS Approves Your Past-Year EITC?
If your amended return is accepted and the IRS agrees that you qualified for EITC:
- Your tax liability is recalculated for that year.
- If the EITC creates or increases a refund, the IRS typically sends:
- A refund by check or direct deposit, depending on what you selected and what options are available for that year.
- If you owed taxes for that year, the EITC may:
- Lower or eliminate the amount you owed,
- Potentially reduce penalties or interest tied to that balance.
If you had other federal debts (such as certain past-due federal student loans, child support, or other federal obligations), part or all of your refund may be offset to cover those debts. This is handled through official Treasury and IRS processes.
If You Don’t Qualify for Past-Year EITC
If you find you are not eligible to claim EITC for past years, there may still be other ways to lower your tax burden or access assistance:
- Check whether you qualified for other tax credits in those years, such as:
- Child Tax Credit,
- American Opportunity or Lifetime Learning education credits,
- Child and Dependent Care Credit.
- Contact free or low-cost tax help programs to review your returns for other missed credits.
- Explore non-tax assistance programs, such as:
- SNAP (food assistance),
- Medicaid or CHIP,
- Housing assistance,
- Utility assistance, by contacting your state or county human services department or dialing 211 for referrals.
Even if you do not qualify for EITC for past years, you may qualify in future years if your income or family situation changes, so it can be useful to check EITC rules each tax season.
How to Tell You’re Using an Official IRS or Government Channel
When dealing with tax credits and refunds, being careful about scams is important. Here are practical tips:
- Check the website address:
- Federal government tax information should be on a “.gov” website.
- Avoid paying upfront fees just to “find out” if you qualify for a refund that sounds too large or guaranteed.
- Be cautious of anyone who:
- Promises you a specific refund amount before reviewing your real documents,
- Suggests breaking rules (like listing a child who doesn’t live with you),
- Asks you to sign a blank tax form.
- When in doubt:
- Call the IRS official phone number listed on IRS materials,
- Or ask a known, reputable nonprofit or tax clinic to help you confirm.
HowToGetAssistance.org is informational only and does not contact the IRS on your behalf, file amendments, or handle personal tax information. Any filing or status check must be done through the IRS or a qualified tax preparer.
Quick Reference: Past-Year EITC and Amended Returns at a Glance
| Topic | What to Know | Who to Contact/Where to Look |
|---|---|---|
| What EITC Is | A refundable tax credit for eligible workers with low to moderate earned income. | IRS information on EITC. |
| Past-Year Eligibility | You may claim EITC for prior tax years if you met the rules for each year. | IRS EITC rules for each specific year. |
| Time Limit | Refunds, including EITC, are usually limited to about 3 years from the original due date. | IRS rules on refund limitations and amended returns. |
| If You Filed Already | Use Form 1040-X (amended return) to add EITC. | IRS prior-year forms and instructions. |
| If You Never Filed | File an original return for that year and include EITC if eligible. | IRS prior-year Form 1040 and EITC worksheets. |
| Needed Documents | W-2s, 1099s, SSNs, proof of residency/relationship for children, original returns, IRS notices. | Your records, employers, and IRS transcripts. |
| Help Preparing Forms | Free or low-cost help may be available. | VITA/TCE sites, community orgs, trusted tax pros. |
| Where to Send Forms | Amended returns are usually mailed to an IRS address based on your state. | Address listed in official IRS form instructions. |
| Status/Problems | Processing may take weeks or months; IRS may ask for more info or deny part/all of the claim. | IRS status tools or phone assistance. |
If you believe you missed out on EITC in previous years, the most important next steps are:
- Identify which tax years might be involved.
- Gather your documents for those years.
- Use official IRS forms and instructions or a trusted tax preparer to file amended or original returns within the allowed time.
By understanding the usual process ahead of time, you can approach the official channels more confidently and reduce the chances of delays or mistakes.
Discover More
- EITC And Audits: What Triggers Reviews And How To Prepare
- EITC Documentation Checklist - School Records, Residency, Etc.
- EITC Eligibility Basics: Income, Filing Status, And Qualifying Children
- EITC Errors That Delay Refunds - And How To Avoid Them
- EITC FAQs: Refund Timing, Eligibility, And Help Options
- EITC For Self-Employed/Gig Workers: What To Know
- EITC Without Children: Who Qualifies And Common Mistakes
- How To Claim The EITC: Steps When Filing Taxes
- What The EITC Is - And Why It Can Increase Refunds
