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IRS Notice CP75: EITC Audit & Refund Freeze

IRS Action

CP75

Urgency

Moderate

EITC/Audit Notice

Summary

They are auditing your Earned Income Tax Credit or Dependents.

Actionable Steps
  1. Gather school/medical records

  2. Confirm residency

  3. Mail documents via Certified Mail

Notice CP75: IRS Notice CP75 — EITC Audit and Refund Freeze


Receiving Notice CP75 means the IRS has frozen your tax refund and is auditing your claim for the Earned Income Tax Credit, Head of Household status, or a dependent exemption. This is not a criminal investigation — but it does require you to act quickly and provide specific documentation to prove your claim is legitimate.


Why the IRS Sends CP75

The Earned Income Tax Credit is one of the most audited items in the individual tax code. The IRS uses an automated system to flag returns where the credit is claimed but certain verification thresholds aren't met. CP75 is the notice that kicks off what's called a "correspondence audit" — the IRS is asking you to prove your eligibility by mail rather than requiring you to come in person.


What You Need to Prove

The IRS is questioning one or more of the following:

  • That the child lived with you for more than half the year

  • That you qualify as Head of Household

  • That you are the rightful person to claim the dependency exemption


To prove residency, the IRS wants documents like:

  • School records showing the child's address

  • Medical records with your address

  • Lease agreements or utility bills

  • Letters from schools, churches, or social service agencies


Your 3-Step Action Checklist

  1. Gather residency documentation. The more contemporaneous records you have — report cards, doctor visit records, daycare receipts — the stronger your case.

  2. Confirm you are claiming the right child. If a custody dispute exists, verify who has the legal right to claim the child for tax purposes under IRC § 152.

  3. Mail your documents via Certified Mail. Never send documentation to the IRS without proof of delivery. Keep copies of everything.


What Happens If You Don't Respond

The IRS will deny your credit, reverse the exemption, and issue a balance-due notice for any resulting tax — plus interest. You also risk a two-year ban from claiming the EITC if the IRS determines the error was due to reckless disregard of the rules, or a ten-year ban if fraud is found.


Our attorneys prepare CP75 responses with precision — gathering the right documentation, writing a clear explanatory letter, and following up to ensure the IRS releases your refund.


Contact us today if you received CP75. Response deadlines are strict and extensions are rarely granted.

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