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Demi Hall

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I'm dealing with something very similar right now with my Canadian RRSP account. Filed both 3520 and 3520-A forms on time for three years running, but just got a penalty notice for my 2022 filing claiming I never submitted the 3520-A. The really frustrating part is that I have the e-filing confirmation from my tax software showing both forms were transmitted successfully. When I called the IRS (after waiting 3 hours on hold), the agent could see my 3520 in the system but said there was no record of the 3520-A, even though they were filed together electronically. Has anyone else experienced this issue where one form gets "lost" in their system while the other one processes normally? I'm wondering if this is a systemic problem with how they handle these foreign trust forms or if it's just random bad luck. I'm planning to file an appeal with all my documentation, but seeing all these similar stories makes me think there's something seriously wrong with how the IRS processes international filings.

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This sounds exactly like what happened to me! I think there's definitely a systemic issue with how the IRS processes these forms when they're e-filed together. In my case, I'm wondering if the problem might be that the 3520 and 3520-A need to be processed by different departments or systems, so even though they're transmitted together, they can get separated during processing. It's especially suspicious that you have the e-filing confirmation but only one form shows up in their records. When you file your appeal, definitely include that e-filing confirmation as evidence - it proves both forms were submitted at the same time. You might also want to request a transcript of your account to see exactly what they have on file. Sometimes the forms are there but coded incorrectly, which makes them invisible to the regular customer service agents. Have you considered using one of those document analysis tools others mentioned? It might help identify if there's a specific processing issue that's causing these forms to get "lost" in their system.

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I'm going through this exact nightmare right now! Filed my 3520 and 3520-A for my UK pension on time through my tax software, have all the e-filing confirmations, but just got slammed with a $10,000 penalty for "failure to file the 3520-A." What's really maddening is that when I called the IRS, they confirmed they have my 3520 in their system but claim no record of the 3520-A, even though both forms show the same transmission confirmation number in my tax software. The agent basically shrugged and said "if we don't have it, you didn't file it." I'm starting to think there's a serious bug in their processing system for international forms. Too many people are reporting the same issue - forms filed together electronically but only one showing up in their records. This can't all be coincidence. Has anyone had success getting the IRS to actually investigate their own processing errors rather than just rubber-stamping these penalties? I'm wondering if we need to escalate this to the Taxpayer Advocate Service since it seems like a systemic problem affecting multiple taxpayers.

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I went through this exact situation 6 months ago when I purchased a tech startup from California. The process definitely requires patience, but here's what I learned that might help speed things up: **ITIN Application Strategy:** - Submit your W-7 with a comprehensive business justification letter - Include copies of your business acquisition documents (purchase agreement, operating agreement, etc.) - Attach a projected tax return showing estimated business income to strengthen your case for needing an ITIN **Critical Timing Tip:** Don't wait for your ITIN to arrive before preparing your 8822-B. You can fill out everything except the ITIN field, so when your number arrives, you can immediately submit the form. This saved me about 2 weeks. **Follow-up Strategy:** Around week 6 of your W-7 processing, start calling the IRS International line (267-941-1000) weekly to check status. They can often tell you if additional documentation is needed before you receive a formal notice. The entire process took me about 11 weeks total, but the business was fully transferred without any compliance issues. It's definitely worth doing properly rather than trying workarounds that could create problems later. One last note - make sure your business continues filing any required returns during this transition period using the existing responsible party information until the change is officially processed.

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This is exactly the kind of detailed guidance I was looking for! @Camila Castillo, your point about preparing the 8822-B in advance is brilliant - I hadn't thought about pre-filling everything except the ITIN field. Quick question about the projected tax return you mentioned including with the W-7 - did you prepare this yourself or did you need to have it done by a US tax professional? I'm trying to understand if there are specific formatting requirements or if a reasonable estimate of business income projections would suffice. Also, regarding continuing to file returns during the transition - should I be concerned about any potential issues with the IRS if there's a gap between when I technically took ownership and when the responsible party change is officially processed? I want to make sure I'm not creating any compliance problems during this interim period.

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@Mateo Sanchez Great questions! For the projected tax return, I prepared a simple Form 1040NR estimate myself using reasonable projections based on the business s'historical performance and my expected involvement. The IRS doesn t'require it to be professionally prepared at this stage - they mainly want to see that you have a legitimate tax filing requirement that necessitates an ITIN. For the compliance gap concern - this is actually pretty common in business acquisitions. The key is maintaining continuity of filing obligations under the existing EIN structure until your responsible party change is processed. I coordinated with the previous owner to ensure all quarterly filings were submitted on time during the transition. You can also include a cover letter with your 8822-B explaining the acquisition date and transition timeline to provide context for the IRS. The most important thing is that there s'no lapse in required filings - the IRS is generally understanding about administrative transitions as long as all tax obligations continue to be met promptly. Just keep detailed records of your acquisition date and all correspondence during the process.

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I went through this exact same process when I acquired a logistics company in Florida about 8 months ago. The ITIN route that everyone mentioned is definitely the correct path, but I wanted to add a few practical tips that helped me avoid some common pitfalls: **Document Authentication Tip:** If you're outside the US, consider getting your passport and other identity documents authenticated at a US consulate rather than just using a local notary. While both are technically acceptable, consulate authentication seemed to process faster in my experience - got my ITIN in about 7 weeks instead of the typical 9-11. **Business Justification Letter:** Make your letter as specific as possible. I included the exact EIN, purchase date, purchase price, and even referenced specific IRS regulations that require responsible party updates. The more official and detailed your justification, the less likely they are to request additional information. **Backup Plan:** While waiting for your ITIN, consider having a US-based attorney or accountant submit Form 2848 (Power of Attorney) on your behalf. This allows them to communicate with the IRS about your applications and can help resolve any issues that arise during processing. The whole process was definitely tedious, but once completed, managing the US tax obligations became much more straightforward. Don't rush it - doing it properly the first time saves months of headaches later.

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@CosmicVoyager This is incredibly helpful advice! I'm particularly interested in your point about using Form 2848 for Power of Attorney during the waiting period. Could you elaborate on how that worked in practice? Did your attorney/accountant need any special authorization from you to act on your behalf with the IRS before you had an ITIN, or were they able to use their own credentials to follow up on your applications? Also, regarding the consulate authentication - did you need to make an appointment specifically for document certification, or were you able to handle this as part of other consular services? I'm trying to plan the most efficient approach since my nearest US consulate is about 3 hours away. Your point about being detailed in the business justification letter really resonates with me. I've been struggling with how much information to include without overwhelming the application, but it sounds like more detail is better in this case.

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Have you verified whether your refund was processed through a third-party facilitator like SBTPG or Republic Bank? If you used tax preparation software with fees deducted from your refund, this introduces an additional processing layer that can delay deposits by 24-72 hours beyond your DDD. What payment method did you select when filing, and did you receive confirmation that your banking information was accurately transmitted to the IRS?

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Zara Mirza

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@Theodore Nelson, I had the exact same situation last year with Chime and a 3/13 DDD. Mine didn't show up until 3/15, which had me panicking. Turned out there was a weekend processing delay that pushed it back. Since 3/13 fell on a Wednesday this year, you should definitely have it by now if everything processed normally. I'd recommend checking your Chime account for any pending transactions first, then calling their customer service line. They can see incoming ACH transfers before they post to your account. If Chime shows nothing incoming, then you'll want to contact the IRS to verify the refund was actually sent to the correct account. Also double-check your transcript shows TC 846 with your correct account number - sometimes there are routing errors that cause delays.

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@Zara Mirza, this is really helpful info! I'm actually a newcomer here but dealing with a similar situation. When you say "TC 846" - is that something I can see on my IRS transcript? I'm still learning how to read all these codes and abbreviations. Also, just to clarify - when you called Chime about pending ACH transfers, did you have to provide any specific information to get them to check, or do they just look it up automatically when you call about a missing deposit?

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Can a company classify me as a 1099 contractor without my consent? Tax implications explained

I'm in a weird situation and need some advice about my employment classification. I recently started a new remote job that I thought was a regular W-4 employee position. When I was hired, I filled out a W-4 form, an I-9, and signed an NDA with a non-compete clause. That was it - no W-9 or anything that would indicate I'd be a contractor. My boss sets my schedule and hours like a normal employee. But when I got my first paycheck, I noticed they didn't withhold any taxes! When I asked about it, they told me I'm being paid as a "1099 employee" until I'm "fully onboarded" - whatever that means. They said their onboarding process takes forever and they wanted to get me started sooner. Things got even weirder last pay period when I worked 1.7 hours of overtime. They informed me that as a "1099 employee" I don't get overtime pay (which I know is true for actual contractors), but suggested I just leave early one day the following week to make up for it. They said I can't work overtime until I'm "fully onboarded." This week, I had to put in another 1.8 hours overtime because I got slammed with requests at the end of my shift and didn't want to dump them on the new trainees. Now they're saying they can't pay me overtime but will give me the 1.8 hours as regular pay. The strangest part? My latest check suddenly has taxes, Social Security, and Medicare withheld, but my paystub still says "1099 employee." This feels sketchy and possibly illegal - like they classified me as 1099 without my knowledge or consent. I'm pretty sure they can't just decide to treat me as a contractor when they control my work like an employee. Isn't this wage theft? Any advice on how to handle this situation would be super appreciated!

Nia Jackson

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I went through almost the exact same situation a few years ago and want to share what worked for me. My employer was doing the same "temporary 1099 until onboarding is complete" nonsense, and like you, I was clearly functioning as an employee with set hours and controlled work processes. What finally got their attention was when I calculated and presented them with the potential penalties they were facing. The IRS can assess penalties of up to $50 per W-2 form that should have been filed, plus 1.5% of wages for failure to withhold income taxes, plus the full employer portion of Social Security and Medicare taxes they should have been paying. For even a few months of misclassification, this can add up to thousands of dollars. I also discovered that my state (California) has even stricter penalties for misclassification - up to $25,000 per violation. When I mentioned this to my employer along with the IRS penalties, they immediately changed my classification and cut me a check for the difference in self-employment taxes I had overpaid. The key is approaching this professionally with facts rather than accusations. Frame it as helping them avoid potential liability rather than threatening them. Most employers will do the right thing once they understand the serious financial consequences of misclassification. Don't let them drag this out with vague promises about "eventual" proper classification. Every pay period they delay is another pay period of potential penalties and tax issues for both of you.

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This is exactly the kind of strategic approach I wish I had known about earlier! Your point about framing it as helping them avoid liability rather than making accusations is so smart. Do you remember what specific penalty amounts you calculated when you presented this to your employer? I'm trying to put together something similar for my situation and want to make sure I'm citing the right penalty structures. Also, did you have to provide any documentation to prove you had overpaid self-employment taxes, or did they just take your word for the calculation? I've been tracking everything but I'm not sure what evidence I'll need to show the difference between what I paid as a misclassified 1099 versus what I should have paid as a W-2 employee.

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Daryl Bright

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I calculated the specific penalties using the IRS penalty guidelines from their website and Publication 15. For my situation (about 4 months of misclassification), the potential penalties included: - $50 per missing W-2 form (so $50 x 4 months = $200) - 1.5% of wages for failure to withhold income taxes (~$180 for me) - The full 7.65% employer portion of FICA taxes they should have paid (~$920) - Plus interest on all unpaid amounts The state penalties were much higher - California can assess $5,000-$25,000 per willfully misclassified worker. For documentation, I created a simple spreadsheet showing my gross pay each month, the self-employment tax I paid (15.3%), versus what I would have paid as a W-2 employee (7.65% employee portion). The difference was about $460 that I had overpaid. I also included screenshots of my paystubs and copies of the 1099s they had issued. My employer's HR department verified the calculations with their accountant before agreeing to reimburse me. Having everything clearly documented in a professional format made it much easier for them to understand the issue and take action quickly. The key is being thorough but not overwhelming them with too much detail. Focus on the clear financial impact for both parties.

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Omar Fawaz

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This situation is unfortunately more common than it should be, and you're absolutely right to be concerned. What your employer is doing appears to violate both IRS guidelines and basic employment law principles. The biggest red flag here is that they're now withholding taxes while still labeling you as "1099" on your paystub. This creates a contradictory situation where they're treating you as an employee for tax purposes but denying you employee protections like overtime pay. There's no such thing as a "1099 employee" - you're either a W-2 employee or a 1099 independent contractor, period. Based on your description (controlled schedule, set hours, using their processes), you clearly meet the IRS criteria for employee status. The "temporary" classification excuse holds no legal weight - your status should be determined by your actual work relationship from day one. Here's what I'd recommend as immediate steps: 1. Save every document - paystubs, emails, timesheets, your W-4 form 2. Calculate how much extra you're paying in self-employment taxes (about 7.65% more than you should) 3. Present this information to your employer professionally, explaining the potential penalties they face for misclassification If they continue to stall, you can file Form SS-8 with the IRS for an official determination, though that process takes many months. Many employers will correct the situation quickly once they understand the serious financial penalties they're risking. Don't let them drag this out indefinitely - every pay period this continues is another period of potential violations and tax overpayment on your part.

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KhalilStar

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As a fellow service member who's been through this exact situation, I can confirm what everyone else is saying - you're absolutely fine with Tricare coverage! I've filed my taxes for the past 6 years with Tricare and have never had a single issue or delay related to health insurance reporting. Here's my simple approach: When TurboTax asks about health coverage, I select "Yes, I had qualifying coverage" and choose the government/military option. That's literally it. No forms to attach, no additional documentation needed. Your return will be accepted and processed normally. The Form 1095-B situation is honestly a non-issue. I think I've received mine on time maybe once in the past several years, and it has never impacted my ability to file or receive my refund. The IRS already has records showing military personnel have qualifying Tricare coverage. Given that you mentioned your small business needs this refund, I'd focus your energy on double-checking your business deductions and expenses rather than worrying about the health insurance checkbox. That's where you'll maximize your refund and where accuracy really matters for avoiding delays. You've got this - the health insurance part is honestly the easiest question on your entire tax return when you have Tricare!

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Mei Liu

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This is such a relief to hear from someone with 6 years of experience! I was really spiraling about this because I kept reading scary stories online about people's returns getting rejected or delayed over health insurance issues. Your straightforward approach makes it sound so much simpler than I was making it in my head. I think you're absolutely right that I should focus my energy on getting my business expenses documented correctly rather than stressing about the health insurance checkbox. It's good to know that even when the 1095-B forms don't arrive on time, it doesn't actually impact the filing process. Thanks for the reassurance - I feel much more confident about moving forward with my return now!

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I'm active duty and have dealt with this exact situation multiple times. The short answer is: don't stress about it! Tricare absolutely qualifies as minimum essential coverage, and you won't have any issues filing your taxes. Here's what I do every year: When TurboTax asks about health insurance, I simply select that I had qualifying coverage through a government/military program for the full year. No need to attach any forms or provide additional documentation. Your return will process normally. The Form 1095-B from DEERS is notoriously late (I rarely get mine before filing), but it doesn't matter - you don't need to attach it to your return anyway. The IRS already knows military members have qualifying Tricare coverage in their system. Since you mentioned your small business had a rough year and you're counting on this refund, I'd recommend filing as soon as you have all your business documentation ready. Don't wait around for that 1095-B form. Early filers often see faster processing times before the IRS gets backed up later in the season. Focus your energy on making sure you've captured all your eligible business deductions and expenses - that's where you'll see the real impact on your refund amount. The health insurance question is honestly one of the easiest parts of your return when you have Tricare!

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