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Has anyone had experience fixing a W-8 BEN that was submitted with incorrect information? I realized after submitting mine that I used my US address instead of my home country address, and now I'm panicking about possible consequences.
Great question! I went through this exact same situation when I was on F1 and later OPT. The key thing to remember is that the W-8 BEN is specifically for establishing your foreign tax status, so you should definitely use your permanent foreign address (India) rather than your current US address. Even though you're physically residing in the US, you're still considered a nonresident alien for tax purposes, and the form is designed to confirm your foreign tax residency. Using your US address could potentially create confusion about your tax status with both your broker and the IRS. If your family has moved in India since you've been here, just use their current address - that's totally fine and very common for students in our situation. The important thing is having a legitimate connection to your home country address. Also, don't forget to check if you're eligible for treaty benefits in Part II of the form! As an Indian citizen, you might qualify for reduced dividend withholding rates under the US-India tax treaty, which could save you money on your investment income.
This is really helpful! I'm also on F1 visa and was confused about the same address issue. Quick question - when you mention treaty benefits in Part II, do you need any special documentation to claim those benefits, or is it just a matter of filling out that section correctly on the form? I want to make sure I don't claim something I'm not entitled to.
Dumb question maybe, but what exactly happens if the statute of limitations runs out while they're still auditing? Does the whole thing just go away magically, or can they still assess taxes based on what they found up to that point?
Not a dumb question at all! If the statute expires during an audit and you haven't signed an extension, the IRS can't legally assess additional tax for that year. However, they typically won't let this happen. If they see the statute is about to expire and you haven't signed Form 872, they'll usually rush to complete the audit with whatever information they have. This often means making conservative assessments in the government's favor since they don't have time to thoroughly review everything. They'll issue a "statutory notice of deficiency" (90-day letter) before the deadline, which preserves their right to assess the tax. At that point, your only recourse would be to petition the Tax Court within 90 days, which is more formal and potentially more expensive than working through the normal audit process.
Based on your situation, I'd actually recommend signing the Form 872 with a negotiated timeframe. Here's why: since you've already provided all documentation and are planning to accept their findings anyway, giving them adequate time to complete a thorough review could work in your favor. When auditors feel rushed by an expiring statute, they often make conservative estimates that lean heavily toward the government's position. With more time, they might catch calculation errors in your favor or give more consideration to borderline deductions. Since you mentioned the proposed increase is $4,200, I'd suggest signing the extension but negotiating it down to 6 months instead of the typical 1-year extension. This gives them sufficient time while still keeping some urgency to wrap things up. You can literally cross out the date on Form 872 and write in your preferred end date - most examiners will accept reasonable modifications. The key is being proactive about it. Contact your examiner and say something like: "I'm willing to sign the extension to give you adequate time to complete a thorough review, but I'd prefer to limit it to 6 months to bring closure to this matter." This shows cooperation while maintaining some control over the timeline.
This is really helpful advice! I'm actually in a somewhat similar situation with my 2022 audit. One thing I'm wondering - when you negotiate the timeframe down to 6 months, do you need to provide a reason for that specific timeline, or can you just propose it? Also, if they reject your proposed shorter timeframe, are you stuck either signing their original extension or refusing entirely, or can you negotiate somewhere in the middle?
One thing to consider - if you filed amended returns through a CPA, there may have been a substantial change in your reported income or deductions that triggered additional scrutiny. The certified mail could be related to that. I had this happen with my 2018 taxes when my CPA found significant deductions I'd missed. The IRS sent certified mail requesting documentation to verify those deductions. It wasn't an audit exactly, but they wanted proof before accepting all the changes.
This happened to me too! My certified letter was asking for documentation for some business expenses on my Schedule C that I claimed on an amended return. I sent everything they asked for and they eventually accepted it, but it took like 3 months to resolve.
Don't panic! Certified mail from the IRS is concerning but not necessarily catastrophic. The future date you're seeing (12/16 when today is 12/5) is actually normal - their system generates transcript entries before the physical notice is mailed. Given that this relates to your 2019 amended return and shows a $12,350 liability, this is most likely a CP2000 notice or similar correspondence about adjustments they've made based on your amendment. The $90 is probably a small penalty or interest charge. Here's what I'd recommend: First, don't stress too much until you actually receive and read the letter. Second, have all your 2019 tax documents ready along with anything your CPA filed for the amendment. Third, contact your CPA immediately when you get the letter since they're familiar with your situation. Most importantly, whatever the letter says, there are almost always options - payment plans, penalty abatements for first-time issues, or the ability to dispute if there are errors. The key is responding within the timeframe they give you (usually 30-90 days depending on the type of notice).
This is really helpful advice! I'm in a similar situation and have been losing sleep over a certified letter that's supposed to arrive next week. The part about the future dates on transcripts being normal is especially reassuring - I was convinced there was some kind of system error that was making things worse. One question though - when you mention payment plans as an option, how flexible is the IRS typically with these? I'm worried that even if I can set something up, the monthly payments might still be too high for my budget. Are there income-based options or ways to negotiate lower monthly amounts?
Don't forget about state requirements! The federal tax treatment as a disregarded entity doesn't necessarily mean your state treats it the same way. Here in California, even single-member LLCs have to pay an $800 annual tax regardless of profit, plus an LLC fee based on gross receipts if over $250,000.
Ugh, California's $800 LLC tax is so ridiculous for small businesses! I moved mine to Wyoming and just registered as a foreign entity doing business in CA. Saved me thousands.
Your cousin is definitely on the right track worrying about deadlines, but she can breathe a little easier! As a single-member LLC, she's considered a "disregarded entity" by the IRS, which means no Form 1065 needed - just Schedule C with her personal return by the April deadline. Even without profit, filing Schedule C is still important because she can deduct business expenses and potentially carry forward any losses to offset future income. Make sure she keeps detailed records of all business expenses like office supplies, equipment, business meals, etc. One thing to watch out for - while federal filing is straightforward with Schedule C, each state has its own LLC requirements. Some states require annual reports or have minimum taxes regardless of profit level. She should check her state's Secretary of State website to make sure she's not missing any state-specific deadlines or filings.
This is really helpful! I'm just starting my own single-member LLC and was getting overwhelmed by all the conflicting information online. The point about state requirements is crucial - I almost forgot to check what my state needs beyond the federal filing. Quick question - when you mention deducting business expenses on Schedule C even without profit, does that include startup costs like legal fees for forming the LLC and initial equipment purchases? Or do those get treated differently?
Connor Murphy
One tip that helped me with EFTPS: you can schedule all your quarterly payments for the ENTIRE YEAR at once! I just set up all four payments in January with the correct due dates, and I never have to worry about forgetting a payment. The system will automatically process them on the dates you select.
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Yara Haddad
ā¢Do you know if you can change or cancel a scheduled payment if your income situation changes? Like if I schedule all 4 payments but then earn less than expected in Q3.
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Aisha Jackson
ā¢Yes, you can modify or cancel scheduled payments in EFTPS! You just need to log in and go to the "View/Modify Scheduled Payments" section. As long as it's before the settlement date (usually need at least 1-2 business days notice), you can change the amount or cancel completely. This is really helpful for estimated taxes since our income can be unpredictable throughout the year. I've had to adjust my Q3 and Q4 payments several times when projects got delayed or canceled.
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Andre Dubois
Another thing to keep in mind when using EFTPS - make sure you're making your payment at least 1-2 business days before the due date, especially if it's your first time using the system. I learned this the hard way when I tried to make a same-day payment on the quarterly deadline and ran into technical issues with the website being slow. Even though EFTPS allows same-day payments, giving yourself that buffer helps avoid any last-minute stress. Also, if you're ever unsure about which tax period to select, the current quarter due dates are: Q1 (Jan-Mar) due April 15th, Q2 (Apr-May) due June 15th, Q3 (Jun-Aug) due September 15th, and Q4 (Sep-Dec) due January 15th of the following year.
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Liam Fitzgerald
ā¢This is really helpful advice about the buffer time! I'm new to making quarterly payments and was planning to wait until the last minute. Quick question - if I schedule a payment for say 2 days before the due date, does EFTPS process it on that scheduled date or could there still be delays? I'm just paranoid about getting hit with late payment penalties since this is my first year being self-employed.
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