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Claiming These 6 Tax Breaks Could Get You in Trouble With the IRS

Six commonly misused tax breaks that can trigger audits, penalties, or repayment.

By Jordan Major

Edited by Andrea Basse

Updated March 10, 2026

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Not all tax breaks are created equal. Some are simple and straightforward. Others come with detailed rules that are surprisingly easy to misunderstand. And when those rules aren't followed closely, the result isn't just a smaller refund. It can mean an IRS notice, penalties, or even unexpected tax debt, resulting in having to pay money back.

The good news is that these deductions and credits are completely legitimate when claimed correctly. The problem is that many taxpayers don't realize where the lines are.

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The home office deduction

The home office deduction has long had a reputation for triggering audits. While that reputation is often exaggerated, the deduction does come with strict requirements.

The key rule many people get wrong is the "exclusive and regular use" test. To qualify, part of your home must be used exclusively and regularly for business. That means a spare bedroom used only as an office qualifies. A kitchen table used for emails during the day does not.

The IRS also requires that the space be your principal place of business or a place where you regularly meet clients.

What the IRS looks for is clear separation between personal and business use, reasonable square footage claims, and consistency with reported business income.

If you claim 40% of your home as office space but report minimal business income, that mismatch could raise questions.

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Charitable deductions for non-cash donations

Donating clothes, furniture, or household goods feels straightforward. The trouble comes with valuation and documentation.

Many taxpayers overestimate the value of donated items. The IRS requires donations to be valued at fair market value, not original purchase price. A five-year-old sofa is not worth what you paid for it.

For non-cash donations over $500, you must file Form 8283. For items valued over $5,000, a qualified appraisal is generally required.

Here, the IRS looks for inflated valuations, missing receipts, and a lack of written acknowledgment for donations over $250. Keeping detailed records and taking photos of donated items can go a long way toward protecting yourself.

Business meal deductions

Business meals are deductible, but not automatically. Currently, most business meals are 50% deductible. The expense must be ordinary and necessary for your trade or business. It must not be lavish or extravagant. And you must be present.

A common mistake is deducting meals that are primarily social in nature or meals with no clear business purpose.

In this case, the IRS looks for documentation showing who attended, the business purpose of the meeting, and receipts that support the amount claimed.

Writing a short note on the receipt explaining the purpose of the meeting can make a big difference if questions arise later.

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Education credits

Education credits like the American Opportunity Credit (AOTC) and the Lifetime Learning Credit can be extremely valuable. But they come with income limits, enrollment requirements, and restrictions on what expenses qualify.

One frequent mistake is claiming a credit for expenses that were paid with tax-free scholarships or employer assistance. You cannot "double dip."

Another issue is claiming the credit for a student who is not eligible, such as someone enrolled less than half-time for the American Opportunity Credit.

The IRS looks for matching Form 1098-T information, income eligibility, and proper coordination with scholarships and grants. Because the American Opportunity Credit is partly refundable, it tends to get extra scrutiny.

Casualty and theft losses

Casualty losses used to be more broadly deductible. Today, they generally apply only to federally declared disaster areas.

Some taxpayers mistakenly try to deduct property damage from events that don't qualify, such as a burst pipe or neighborhood flooding that wasn't part of a declared disaster.

Often, even when a loss qualifies, it has to clear the $100-per-event and surpass 10% of your adjusted gross income before it becomes deductible.

Here, the IRS looks for confirmation that the loss occurred in a declared disaster area, proper reduction for insurance reimbursements, and accurate valuation of property before and after the event.

Casualty loss rules are technical, and small errors can invalidate the claim.

Earned Income Tax Credit

The Earned Income Tax Credit (EITC) is one of the most beneficial credits available to low- and moderate-income workers. It is also one of the most frequently audited.

Common mistakes include claiming a child who does not meet residency requirements, misreporting income, or misunderstanding eligibility rules for self-employed income.

Because the credit can be sizable, the IRS carefully reviews eligibility. The IRS will look for proof of residency for qualifying children, accurate income reporting, and proper filing status.

Claiming the credit correctly can provide meaningful support. Claiming it incorrectly can result in repayment and temporary disqualification.

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Bottom line

These tax breaks are legitimate. Millions of Americans claim them every year without issue.

Before claiming a deduction or credit, take a few minutes to confirm the requirements and make sure your records support your claim. Avoiding penalties helps protect cash flow that could otherwise go toward clever debt payoff strategies.

If you're unsure, a qualified tax preparer can help you navigate the details and stay within the lines.

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Author Details

Jordan Major

Jordan is a FinanceBuzz writer with a keen interest in personal finance, stocks, and practical investing strategies. His work has been featured in leading outlets, including Forbes, Yahoo Finance, and MSN.