


Ask the community...
Has anyone considered whether this transaction might also trigger Form 8865 requirements instead of Form 926? If the foreign business is structured as a partnership rather than a corporation, Form 8865 would be the correct form. OP, what's the legal structure of your foreign business?
Great question about entity classification! You're absolutely right that this is crucial. @Carmen Ortiz - you mentioned it's a "family business overseas" but the specific legal structure matters enormously for US tax purposes. If it's organized as a corporation in the foreign country, you'll likely need Form 926. But if it's a partnership, LLC, or similar pass-through entity, then Form 8865 would be the correct form instead. The tricky part is that some foreign entities can elect how they want to be treated for US tax purposes (called "check-the-box" elections), so even a foreign LLC might be treated as a corporation if an election was made. Do you know what type of entity it is under local law? And more importantly, do you know if any elections have been made for US tax treatment? This will determine which forms you need to file.
This is such an important distinction that I completely overlooked initially! I'm actually not 100% sure about the exact legal structure - I know it's registered as a company in the local jurisdiction, but you're right that the US tax treatment could be different. I should probably dig into the incorporation documents to see exactly what type of entity it is and whether any elections were made for US purposes. Would the wrong form filing be considered a failure to file the correct form, or would the IRS give some credit for attempting to report the transaction? I'm worried I might pick the wrong one!
I'm dealing with something similar right now. My long-time tax preparer retired and the new firm wants me to sign what they call a "client engagement letter" but it's basically the same thing you're describing. From what I've researched, these agreements became more common after some high-profile lawsuits where clients sued preparers for issues that weren't really the preparer's fault. The agreements help clarify who's responsible for what. That said, I'd definitely read it carefully before signing. Make sure it doesn't completely absolve them of responsibility for their own errors or negligence. A fair agreement should protect them from liability when you provide wrong information, but they should still be accountable for their own mistakes. Has your tax guy given you any guidance on what changed since the sale? Might be worth asking him directly about the new policies.
That's really helpful context about the lawsuits driving these agreements. I haven't had a chance to talk to my tax guy yet since he's been swamped with tax season, but I'll definitely ask him when things calm down. You're right about reading it carefully - I've been going through it line by line and most of it seems reasonable. There's one clause about "client acknowledges preparer is not liable for penalties or interest resulting from client-provided information" which makes sense, but then it gets a bit vague about what constitutes "client-provided information." Did your engagement letter have specific language about audit support? That's one thing I want to make sure is covered since my previous preparer always said he'd help if I got audited.
Yes, my engagement letter does include audit support - it specifies that they'll represent me for any issues directly related to their preparation of my return at no additional charge. However, if the audit reveals issues with prior years they didn't prepare, or if I failed to provide complete information, then there are additional fees. Regarding that vague language about "client-provided information" - I'd definitely ask for clarification on that. In my letter, they defined it pretty clearly as any documents, records, or verbal information I give them. The key thing is making sure they're still liable if they misinterpret or incorrectly enter information you provided accurately. One thing I learned is that you can often negotiate these agreements if something seems unreasonable. They're not set in stone, especially if you've been a long-term client. Worth having that conversation with your tax guy when he has more time.
I went through something very similar when my CPA of 15 years sold to a regional chain. The new firm immediately sent me a 4-page "service agreement" that felt more like legal protection than a service contract. After reading through it and doing some research, I learned these agreements became standard practice around 2018-2020, largely due to increased litigation against tax preparers. The COVID-era changes to tax laws also made preparers more cautious about liability. The key things I looked for in mine were: 1) Clear definition of what constitutes "reasonable care" on their part, 2) Specific language about correcting their own errors at no charge, 3) Audit representation clauses, and 4) Data security provisions. My advice? Don't sign anything that makes you uncomfortable, but also recognize that most reputable firms won't work without one nowadays. If the language seems too broad or one-sided, ask for modifications. I successfully negotiated two clauses in mine that were too vague about their responsibilities. The transition from small independent preparers to larger firms definitely changes the dynamic, but it doesn't necessarily mean worse service - just more formalized processes.
As someone who's been freelancing for about 8 years now, I've dealt with this exact situation countless times. The short answer is no - you're not legally required to use a company's substitute W9 form, but practically speaking, you might have to if you want to work with them. I've found that most companies are actually pretty reasonable if you explain your concerns professionally. I usually send an email to their accounting department saying something like "I prefer to use the standard IRS W9 form for security and record-keeping purposes. I've attached a completed form - please let me know if you need any additional information for your system." About 70% of the time, they'll accept it without issue. For the stubborn ones, I weigh how much I want/need that client relationship. If it's a major client or ongoing work, I'll usually bite the bullet and use their system. But for one-off projects or clients who seem sketchy, I'll sometimes walk away rather than put my SSN into a questionable portal. One compromise I've had success with is offering to complete their substitute form but submitting it via encrypted email or secure file transfer instead of through their web portal. This gives them the format they want while addressing some security concerns.
This is really helpful perspective from someone with years of experience! I like your approach of being upfront about your preferences while still being flexible when needed. The 70% acceptance rate for standard W9s is actually better than I expected. Your compromise suggestion about using their substitute form but submitting via encrypted email is brilliant - I hadn't thought of that middle ground approach. It shows you're willing to work with their requirements while still addressing legitimate security concerns. I'm curious - for the clients where you've walked away due to sketchy W9 requirements, have you ever regretted that decision? Or has it usually turned out to be a red flag for other issues with those clients?
I've been dealing with this exact issue as a freelance graphic designer working with multiple clients. What I've found is that while you're not legally required to use their substitute W9 forms, the practical reality is that most companies have established workflows and may be reluctant to deviate from them. That said, I've had good success by being proactive and professional about it. When a new client asks for W9 information, I immediately send them a completed standard IRS W9 form along with a brief note explaining that I use this format for consistency and security across all my clients. I mention that it contains all the same required information as any substitute form they might have. About 80% of the time, they accept it without question. For the ones who insist on their own system, I usually comply if it's a valuable client relationship, but I always take screenshots of every step of the submission process and save confirmation emails. The key is addressing it upfront rather than waiting for them to send you their substitute form first. It positions you as organized and security-conscious rather than difficult or uncooperative.
One more thing to consider - if your income is under $30k, check if you qualify for any tax credits related to charitable giving. Some states have credits (not deductions) for donations that apply regardless of whether you take standard deduction. The 1098-C might be needed to document eligibility for those. I took standard deduction last year but still got a small credit on my state return for my car donation.
Which states offer this? I'm in Texas and wondering if we have anything like that. Donated a truck last year but didn't bother with the 1098-C because I always take standard.
Unfortunately, Texas doesn't have a state income tax, so there wouldn't be state-level credits for charitable donations there. The states that typically offer some form of charitable tax credits even when taking the standard deduction include Colorado, Arizona, Minnesota, and a few others. For folks in Texas, the main benefit of having the 1098-C would be for federal purposes - either in case your situation changes and itemizing becomes advantageous, or for documentation if you're ever audited. The IRS tends to look more closely at vehicle donations, especially those valued over $5,000.
I'd strongly recommend getting the 1098-C form, even though you're taking the standard deduction. Here's why: The IRS has specific rules for vehicle donations over $500 - they require the 1098-C for proper documentation, regardless of whether you itemize or not. Since your CR-V is worth $6,500, this puts you well into the range where the IRS expects official documentation. Also, consider that your financial situation could change. Maybe you'll have unexpected medical expenses later in the year, or other deductible expenses that could make itemizing worthwhile. Having the 1098-C gives you that option. From an audit protection standpoint, vehicle donations are one of the areas the IRS scrutinizes more closely. Having the official form filed with the IRS creates a paper trail that protects you, even if you don't claim the deduction this year. The only "cost" is sharing your SSN with a legitimate charity, which they're required to keep secure anyway. There's really no downside to getting proper documentation for such a significant donation.
Khalil Urso
Check your transcript again. Look for code 846. That's the actual release date. Sometimes differs from WMR. Might show processing delay. Could also try IRS automated phone system. Press 2-1-3-2 for refund status. Gives more updated info sometimes. Worth a try before stressing.
0 coins
Anastasia Popov
Langley FCU member here! Filed 2/5 and got the same 2/29 DD date on WMR. Still nothing in my account as of this morning. I called them yesterday and they said the same thing - no pending deposits visible on their end. From what I've seen in other threads, Langley tends to be slower than some of the bigger banks. My sister has USAA and got hers yesterday with the same DD date. Fingers crossed we see movement today or tomorrow! Keep us posted if yours hits - it'll give the rest of us hope! š¤
0 coins
Malik Robinson
ā¢Thanks for sharing your timeline! It's reassuring to know I'm not the only one in this boat with Langley. Filed around the same time (2/7) and seeing the exact same thing - 2/29 DD date but nothing pending. Really hoping we see some movement soon! The waiting game is always the worst part of tax season. I'll definitely update here if mine hits - keeping my fingers crossed for all of us Langley members! š¤
0 coins