Form 8867 helps preparer's meet the
due diligence requirements of Code section 6695(g), which was added
by section 1085(a)(2) of the Taxpayer Relief Act of 1997. Paid
preparer's of Federal income tax returns or claims for refund
involving the earned income credit (EIC) must meet the due
diligence requirements in determining if the taxpayer is eligible
for the EIC and the amount of the credit. Failure to do so could
result in a $500 penalty for each failure. Completion of Form 8867
is one of the due diligence requirements.
US Code:
26
USC 6103 Name of Law: Confidentiality and disclosure of returns
and return information
US Code: 26
USC 6695 Name of Law: Other assesable penalties with respect to
the preparation of tax returns for other persons
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.