1040 - Due Diligence FAQs (2024)

2 Months Ago
1040 Individual

Here are some FAQs that may make filling out the Due Diligence forms for EIC, CTC, ACTC, and AOTC a little easier.

Publication 4687 can provide valuable assistance in completing the Refundable Credit Due Diligence form. Some common questions include:

How do I answer question #2 of the 8867?

Question #2 asks if you have filled out the appropriate worksheets that go with each credit. Drake software produces the worksheets automatically, so whenever one of these credits applies the answer is automatically markedYes.

1040 - Due Diligence FAQs (1)

Where can I answer question #10?

These questions are answered on theDependents screen(s), using theDue Diligencetab (in Drake23).If there is not a Child Tax Credit (CTC) or Additional Child Tax Credit (ACTC), per the Form 8867 instructions, this section should be left blank, proceed to question #11.

Where can I answer question #11/13?

Question #13 is regarding the American Opportunity Credit and whether the taxpayer has provided substantiationof the education expenses. This question can be answered on the 8863screen below the educational institution address fields.

1040 - Due Diligence FAQs (2)

1040 - Due Diligence FAQs (3)

Do I need to answer ALL of these Due Diligence questions?

Only the Due Diligence questions that apply to the taxpayer are required to be answered. Some examples include:

  • If the taxpayer is not getting an American Opportunity Credit (AOTC) you would leave the AOTC column blank (Drake16 only).
  • If question #4 is No,then skip questions 4a and 4b.
  • If the there is no Schedule C on the return, skip question #8.

What are theDD1 and DD2screens used for?

Due to customer request, Drake is keeping the due diligence screens that are more easily recognized from the Drake15 and prior software. Continuing to provide the forms some people are more accustomed to can assist tax preparers by providing an extra level of confidence that all of the EIC due diligence requirements are being met. The DD1 screen is available to assist tax preparers in completing their due diligence requirements. As every tax return is different, tax preparers should review IRS guidelines to ensure that any and all necessary documentation requirements are being met as defined by the IRS. In Drake23, additional income tabson the DD1 screen have been added to allow preparers to record detailed information for more than one business (Schedule C). Be sure to answer the questionDoes the amount of income on the return appear to be reasonableto support the taxpayer and qualifying children?on the first income tab to clear note 282.If there is only one business, be sure to enter the details on theIncometab and only use the other tabs (2nd Business Income, 3rd Business Income, 4th Business Income) if there are other businesses.

The DD2 screen can be used as a place to record notes.

Does Drake require that the Due Diligence forms are completed?

If one of the common refundable credits that require the Due Diligence form are present on a return, the applicable questions on the 8867 screen will need to be completed in order to e-file the return.

The ability to turn on or off the requirement for the due diligence formsto be completedcan be found from the main page of the software in the Setup> Options menu under the Administrative Options tab (you have to be logged into the software as ADMIN to have this as an available option). If this option is selected, the software will require the DD1 screen to be completed when a return has an Earned Income Credit (EIC) present on the return.

1040 - Due Diligence FAQs (4)

For more information about the Refundable Credit Due Diligence forms, see Publication 4687and/or the Related Links below.

Videos about the Admin Options Screenand Due Diligence may also provide useful information.

Related Links

Facts About Refundable Credits Due Diligence

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1040 - Due Diligence FAQs (2024)

FAQs

When should tax preparers Document taxpayer's answers to due diligence questions? ›

At the time of the client interview, make a record of the inquiries made and the client's answers. Keep a copy of the completed Form 8867, Paid Preparer's Due Diligence Checklist.

What are the due diligence questions for a tax return? ›

Taxpayer's response

1 How long have you owned your business? 2 Do you have any documentation to substantiate your business? 3 Who maintains the business records for your business? 4 Do you have separate bank accounts for personal and business transactions?

What is the due diligence requirement for the IRS? ›

Due diligence requires you to make additional inquiries if a reasonable and well-informed tax return preparer knowledgeable in the law would conclude that the information you receive from your client appears to be incorrect, inconsistent, or incomplete.

How many due diligence penalties can be assessed per return? ›

The due diligence penalties are much smaller in amount and are less likely to be assessed for multiple tax returns than Section 6694 penalties. The due diligence penalty is $545 (in 2022) for each failure on a tax return.

What key questions need to be answered in the process of due diligence? ›

Due Diligence Checklist
  • Who owns the company?
  • What is the company's organizational structure?
  • Who are the company's shareholders? ...
  • What are the company's articles of incorporation?
  • Where is the company's certificate of good standing from the state in which the business is registered?
  • What are the company bylaws?

When can a tax preparer omit an answer to a question on a tax return? ›

A member prepares a return omitting an answer after having determined that the question is not applicable to the taxpayer. May the member submit the return to the client for filing? Yes, if the member made reasonable efforts to obtain information needed to answer the question.

What are the 4 P's of due diligence? ›

Intangible Factors. In addition to the four key principles of people, performance, philosophy, and process, four intangible factors can also play a role in manager selection: passion, perspective, purpose, and progress.

What are the 3 examples of due diligence? ›

Other examples of hard due diligence activities include: Reviewing and auditing financial statements. Scrutinizing projections for future performance. Analyzing the consumer market.

What are the four tests for due diligence? ›

The Four Due Diligence Requirements
  • Complete and Submit Form 8867. (Treas. Reg. section 1.6695-2(b)(1)) ...
  • Compute the Credits. (Treas. Reg. section 1.6695-2(b)(2)) ...
  • Knowledge. (Treas. Reg. section 1.6695-2(b)(3)) ...
  • Keep Records for Three Years.
Jan 22, 2024

What information is required for due diligence? ›

This element of due diligence examines financial aspects of the business and can include trading data, balance sheet, and the financial forecast for the company. Things to consider include but is not limited to: company accounts and statements highlighting cash flow, including profit and loss.

What are the basic requirements of due diligence? ›

Areas to target for scrutiny in the due diligence checklist should include:
  • Historical Financial Statements. ...
  • Revenue and Expense Analysis. ...
  • Assets and Liabilities Review. ...
  • Taxation and Tax Compliance. ...
  • Debt and Financing Agreements. ...
  • Working Capital Analysis. ...
  • Financial Projections and Assumptions. ...
  • Cash Flow Analysis.

What is the tax due diligence process? ›

A TDD is a comprehensive review of the taxes a company is exposed to and allows all parties to understand a company's tax liabilities and how these should be dealt with in the context of a transaction.

What is due diligence rule? ›

Information on Complying with the Customer Due Diligence (CDD) Final Rule. The CDD Rule, which amends Bank Secrecy Act regulations, aims to improve financial transparency and prevent criminals and terrorists from misusing companies to disguise their illicit activities and launder their ill-gotten gains.

What is the time limit for due diligence? ›

Due Diligence. Simply, a time frame allotted to a buyer for studying a purchase. Generally, there is no obligation to proceed if something untoward is discovered. Also referred to as a contingency period, a “free look”, or in some cases an option - these 30-75 day periods are chock full of action.

What is simplified due diligence limit? ›

Simplified Due Diligence (SDD) is a basic identity check for customers considered to have a very low risk of involvement in money laundering, terrorist financing, or other financial crimes. It is specifically designed for situations where the threat of such illegal activities is minimal.

What must a tax professional do to meet the first due diligence requirement? ›

The due diligence process begins with the collection of essential documents from clients, which will inform the curation of accurate tax returns. You'll want to assemble a comprehensive list of required documents, including sources of income, deductions, credits, and any unique financial situations.

Which of the following are included in the four due diligence requirements that a tax preparer must meet when preparing a return that includes EITC? ›

The Four Due Diligence Requirements
  • Complete and Submit Form 8867. (Treas. Reg. section 1.6695-2(b)(1)) ...
  • Compute the Credits. (Treas. Reg. section 1.6695-2(b)(2)) ...
  • Knowledge. (Treas. Reg. section 1.6695-2(b)(3)) ...
  • Keep Records for Three Years.
Jan 22, 2024

When must a tax preparer provide a taxpayer with a copy of the taxpayer's return? ›

(a) Furnishing copy to taxpayer—(1) A person who is a signing tax return preparer of any return of tax or claim for refund of tax under the Internal Revenue Code shall furnish a completed copy of the return or claim for refund to the taxpayer (or nontaxable entity) not later than the time the return or claim for refund ...

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