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Tax & Customs

Tax Credits Dispute

The refund you expected did not arrive, or an audit letter says a credit you claimed was not allowed. Disputes over tax credits are common because credits depend on eligibility facts the return itself does not show.

Reviewed

01 GUIDE

Tax Credits Dispute: what usually happens

How credit disputes arise

For individuals, credits tied to children and earned income are frequently reviewed, often because of questions about where a child lived or who was entitled to claim them. Businesses see disputes over research credits, energy credits, and state incentives, usually about whether activities qualified or costs were properly allocated. A refund claim based on a credit can be denied outright, and an audit can reduce a credit claimed on an original return. In some cases, a finding that a credit was claimed recklessly or fraudulently can bar future claims for a period. Responding carefully to the first letter matters because it frames the rest of the dispute.

Proof the authority will want

Credit disputes usually come down to documents. For family-related credits, school and medical records, leases, and letters from third parties can show where a child lived. For business credits, project documentation, payroll records, invoices, and the underlying calculations carry the weight. Organize everything by year and by credit, and avoid recreating records after the fact. If the claim relied on a preparer's advice, keep their engagement letter and correspondence. Low Income Taxpayer Clinics can help individuals who qualify, and they are worth knowing about for smaller family credit disputes.

Choosing the path forward

Some disputes resolve with a well-organized response to the examiner. Others move to the IRS Independent Office of Appeals, to Tax Court after a notice of deficiency, or to a refund suit after a claim is denied. New York credits follow the state's conciliation and Division of Tax Appeals path. When you contact us, we look at the notice, the deadline it sets, and the strength of the records. We also check whether the same issue affects other years.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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Attorney Advertising. This page is general information about tax credits dispute and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.