FREQUENTLY ASKED QUESTIONS

Q:    Can I only file my taxes during tax season (early February - April 15)?
A:    No.  You can file your taxes at any point during the year.  You can even claim a refund from up to 3 years ago.  The April 15 deadline is important, however, because if you owe money in taxes, that is the day from which interest and penalties will begin to accrue on your account.

Q:    I already filed my taxes for the past 3 years, but I forgot to claim the EIC.  Can I still claim it now?
A:    Sure!  If you feel you may have made a mistake on your tax return and would like to amend it, you can file Form 1040X, the Tax Return form.  See our checklist for more details on Form 1040X.

Q:    I haven't filed my taxes in a long time and I think I might owe the government money.  What should I do?
A:    The bad news is, if you DO owe money in back taxes, the amount you owe accumulates interest on a daily basis For this reason, it is important that you file your taxes AS SOON AS POSSIBLE!  The good news is, you might be eligible for the EIC or some other tax credit.  This can reduce the amount you owe, or perhaps you will even end up with a refund!
       If you do owe money, what you do depends on whether you feel you can repay it or if that is unlikely in the foreseeable future.
    In the first case, if you feel you could repay your debt over time, it is possible to work out a payment plan with the IRS.  The best way to go about doing this would be to call the IRS at 1-800-829-1040.  Tell them you are interested in filing Form 9465, the Installment Agreement Request form.  This will allow you to make a payment schedule you feel you can handle.  You should also look into having the interest and penalties waived, which the IRS might be able to do for people who face special circumstances of hardship--drug or alcohol dependency, homelessness, etc..
    In the second case, if you feel there is no way you will ever be able to repay what you owe, you should look into filing Form 656, the Offer In Compromise form (note: this form is 16 pages long).  Again, contact the IRS and explain your situation to them.  The Offer In Compromise form allows you to make the IRS an offer (of an amount you feel you could afford) to settle your debt with them.
    See our checklist for more details about these forms.

Q:    Can two people file as head of household using the same address?
A:    No.  There can only be one head of household per address.  To see more on filing status, click here.

Q:    My child does not have a Social Security Number.  Can I still claim her for the EIC?
A:    It is a good idea to have a SSN for your child.  Without a SSN, you will not be able to claim your child for EIC purposes.  If your child does not have a SSN, you can apply for one by filing Form SS-5 with your local Social Security Administration office.  If your child will not have a SSN by April 15, you can get an automatic 4-month extension by filing Form 4868 with the IRS by that date.
       You can still claim your child for general tax purposes without a SSN if s/he has an Individual Taxpayer Identification Number (ITIN).  You can get an ITIN by filing Form W-7.  To learn more about Form W-7 and the ITIN, see our forms checklist.

Q:    I received Unemployment Compensation.  Is this taxable?
A:    Yes, you should report any Unemployment Compensation on your tax return.  You cannot, however, count Unemployment Compensation as earned income for EIC purposes.

Q:    Where can I go for FREE TAX HELP?
A:    The IRS provides free tax help during tax season (February - April 15).  There are also Volunteer Income Tax Assistance (VITA) sites where trained volunteers will assist you with your taxes.  For a complete, up-to-date list of VITA sites in your area, click here.


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Do you have any additional questions?  Any comments?  Suggestions?  We're eager to hear your feedback!  Email us at mfinn@sfbar.org.