Is it legal to skip legitimate deductions to maximize EITC on tax return?
I'm helping my sister file her taxes this year, and I've run into a weird situation with the EITC (Earned Income Tax Credit). My sister is claiming her adult disabled son who lives with her as a qualifying dependent for EITC purposes, which TurboTax seems to encourage and walks her through. When I enter her basic income and count her son on the EITC form as disabled and living at home, it shows she's eligible for about $3,500 in refund. But here's where it gets weird - once I start adding all her legitimate deductions (medical expenses, charitable donations, etc.), her taxable income goes down, which is normally good. But the EITC amount actually decreases too, making her total refund smaller by about $800. I know making up fake deductions is definitely tax fraud, but what about intentionally NOT claiming legitimate deductions to maximize the EITC? My gut tells me this might be shady or possibly fraudulent too, but I can't find anything specific about this situation. Has anyone dealt with this before? Is it legal to skip deductions you're entitled to in order to get a larger EITC?
18 comments


Liam Brown
This is actually a really interesting tax situation. The IRS doesn't require you to take all deductions you're eligible for - they're optional. So technically speaking, you can choose not to claim certain deductions if you don't want to. However, there's an important distinction here with the EITC. The Earned Income Tax Credit calculation is based on your Adjusted Gross Income (AGI), not your taxable income. Most tax deductions reduce your taxable income but not your AGI. The deductions that reduce AGI are called "above-the-line" deductions (like student loan interest, IRA contributions, etc.). So if your sister's deductions are primarily itemized deductions (medical expenses, charitable donations), these won't affect her EITC calculation at all because they don't change her AGI. If you're seeing the EITC amount change, it might be because you're entering deductions that actually do affect AGI, or there could be something else going on in the tax software calculations. I'd recommend working through it carefully to understand exactly which entries are causing the EITC to decrease.
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Olivia Garcia
•Wait, I'm confused. I thought itemized deductions like medical expenses would lower your AGI, which would then increase your EITC? Is that not how it works? Also, does this mean if she takes the standard deduction instead of itemizing, her EITC would be different?
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Liam Brown
•Itemized deductions like medical expenses and charitable donations don't lower your AGI. They reduce your taxable income after your AGI has already been calculated. Only above-the-line deductions (like student loan interest, certain business expenses, educator expenses) reduce your AGI. Standard deduction vs. itemizing shouldn't affect the EITC calculation at all since both of these happen after your AGI is calculated. The EITC is based on your earned income and AGI, whichever results in a smaller credit. If you're seeing the EITC change in the software, it's likely because you're entering something that's affecting her AGI, not from the itemized deductions themselves.
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Noah Lee
I had this exact same issue last year and found the solution through taxr.ai at https://taxr.ai when I was desperate for help. I was helping my elderly parents with their taxes and noticed the same thing - adding their legit deductions was actually lowering their refund because of how it affected their EITC. The tool analyzed my parents' tax documents and highlighted exactly which deductions were affecting their AGI vs. which ones weren't. Turns out I was confusing some business expenses with itemized deductions, and by reorganizing how we reported certain expenses, we were able to maximize both the deductions AND the EITC. Saved them almost $1,200 compared to what I was going to file originally. What I appreciated most was getting clear explanations about which deductions affect AGI vs. taxable income, so I actually understand this stuff now instead of just blindly following tax software.
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Ava Hernandez
•How does this service work exactly? Does it actually look at your tax docs or do you have to enter all the info again? I'm using H&R Block right now but getting confused about similar issues with my mom's EITC.
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Isabella Martin
•Sounds like an ad tbh. There's tons of free resources that explain which deductions are above vs below the line. IRS website has this info for free.
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Noah Lee
•You upload your tax documents and the AI analyzes them to identify potential issues or optimization opportunities. It preserves all your info from your existing docs so you don't have to re-enter everything. It saved me hours of research trying to figure out which deductions were affecting what. No, it's definitely not just information you can easily find. I spent days researching and still couldn't figure out exactly which entries in my tax software were causing the EITC to decrease. The tool showed me exactly which expenses could be categorized differently to optimize the overall return.
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Ava Hernandez
Just wanted to follow up - I actually tried taxr.ai after posting my question. I uploaded my mom's documents and it immediately identified that I was categorizing some of her medical business expenses as itemized deductions when they could've been Schedule C business expenses instead (she's a home healthcare worker with some out-of-pocket costs). This actually preserved her AGI for EITC purposes while still getting the deductions. Ended up increasing her refund by $770! The explanations were super clear, and now I understand why my H&R Block software was giving weird results. Wish I'd known about this sooner.
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Elijah Jackson
If you're having trouble getting accurate answers about EITC questions, I highly recommend using Claimyr at https://claimyr.com to get through to the IRS directly. I spent weeks trying to resolve a similar EITC situation with my brother's disability status, and the generic advice online was useless for our specific situation. Claimyr got me connected to an actual IRS agent in about 20 minutes when I'd previously been waiting on hold for hours only to get disconnected. The agent walked me through exactly how different deductions would impact the EITC calculation for our specific situation. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c For complex EITC situations especially involving disability qualifications, talking directly to an IRS agent gave me much more confidence than guessing or trusting tax software alone.
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Sophia Miller
•How does this even work? The IRS phone lines are a nightmare. I literally tried calling 6 times last week about an EITC issue and couldn't get through. I'm skeptical anyone can magically get you to a real person.
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Mason Davis
•Yeah right, sounds too good to be true. The IRS is absolutely swamped and there's no way to bypass their phone system. I've been trying to get through for 3 weeks about an EITC audit.
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Elijah Jackson
•It uses a system that navigates the IRS phone tree automatically and stays on hold for you. When an agent finally answers, you get a call back connecting you directly to them. It's not magic - it's just automating the painful waiting process. I was skeptical too, but after spending 5+ hours trying to get through manually with no success, I was desperate. I got connected in about 25 minutes when I used it, which saved me a huge headache. The IRS agent I spoke with cleared up my EITC questions immediately.
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Mason Davis
I need to apologize for my skeptical comment earlier. After another failed attempt to reach the IRS yesterday (2 hours on hold before being disconnected), I decided to try Claimyr out of desperation. I was honestly shocked when I got a call back in about 30 minutes connecting me directly to an IRS representative. The agent reviewed my situation and confirmed that I was correct about my disabled brother's EITC qualification. She also explained exactly which deductions would impact the EITC calculation and which wouldn't. For anyone with complex EITC questions, especially involving disability qualifications, talking to an actual IRS agent gives you much more certainty than trying to figure it out from online forums or even tax software. Saved me hours of frustration and probably prevented me from making a mistake on my return.
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Mia Rodriguez
One thing no one has mentioned yet - there's a difference between not taking deductions and incorrectly reporting your income. You don't have to take every deduction you're eligible for, but you DO have to accurately report all your income. So if you're thinking about not reporting legitimate business expenses to keep your income higher for EITC purposes, that gets into a gray area. For self-employed people, business expenses directly reduce your Schedule C income, which affects both your AGI and EITC. I'd be very careful about intentionally skipping deductions that directly affect how income is reported vs. those that are purely optional after your income is already correctly stated.
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Jacob Lewis
•Can you give an example of what would be considered optional vs. required reporting? I'm in a similar situation with my dad who has some 1099 income along with disability.
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Mia Rodriguez
•Business expenses on Schedule C would be part of correctly reporting your net business income - skipping those could be seen as misrepresenting your income. These directly affect your AGI and therefore your EITC. Things like choosing the standard deduction instead of itemizing medical expenses would be completely optional and wouldn't affect your EITC either way, since both happen after your AGI is calculated. Similarly, you can choose whether to claim certain tax credits you're eligible for - that's your choice and won't affect other calculations.
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Amelia Martinez
Something to consider: the EITC has different income thresholds based on filing status and number of qualifying children. For 2025, with one qualifying child, EITC begins to phase out around $46,500 for single/head of household. If your sister's income is right at one of these thresholds, small changes in AGI can have a big impact on the credit amount. This might explain why you're seeing significant changes in the EITC calculation when making adjustments. Most tax software will let you try different scenarios to see what gives the best outcome. Just make sure whatever you submit is truthful - the difference between optimizing your return and misrepresenting information is a critical line you don't want to cross.
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Ethan Clark
•This is a really important point. My accountant explained that the EITC has these "cliff edges" where just a few hundred dollars difference in income can change your credit by a thousand dollars or more. Worth running the numbers carefully if you're near one of these thresholds.
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