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Ask the community...

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Monique Byrd

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Has anyone successfully done the reasonable cause statement for late filing of 1120F? I'm in the same boat (Australian company) and unsure how detailed this needs to be. Is it enough to say I wasn't aware of the filing requirements as a foreign corp with no US presence?

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You'll need more than just saying you weren't aware. The IRS wants to see that you took reasonable steps to understand your obligations and that you're making efforts to be compliant going forward. In your statement, include: 1. Specific reasons why you weren't aware (perhaps you consulted with someone who gave incorrect advice, or your business model changed) 2. The timing of when you discovered the requirement 3. Steps you took once you realized you needed to file 4. What procedures you're putting in place to ensure timely filing in the future Be honest but thorough. The IRS is more lenient with foreign entities that make honest efforts to comply once they discover their filing obligations.

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I went through this exact situation last year with my Canadian consulting company. The key thing that saved me time and money was understanding that if you truly have no permanent establishment in the US (no office, employees, or fixed place of business), you might qualify for a simplified filing approach under the treaty. Before spending $4000+ on preparation fees, I'd recommend getting clarity on a few points: 1. Confirm your total US-source income - if it's minimal and you have no PE, some accountants can handle this as a "treaty-based return" which is less complex than a full 1120F with all schedules. 2. Look into the IRS's First Time Penalty Abatement program in addition to reasonable cause. If this is truly your first late filing, FTA might be easier to qualify for. 3. Consider reaching out to the IRS Practitioner Priority Service line (if you can get through) to ask specifically about filing requirements for Canadian corps with minimal US income and no PE. Sometimes they'll provide written guidance that can help reduce preparation complexity. The $5500 revenue versus $4000+ in fees ratio is definitely painful - I ended up finding a cross-border specialist who charged $1800 because we established I qualified for a simplified approach. Don't assume you need the most complex filing until you've confirmed your actual requirements.

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Nalani Liu

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This is incredibly helpful! I hadn't heard of the First Time Penalty Abatement program - that sounds like it might be simpler than going through the reasonable cause process. Do you know if FTA can be applied retroactively to penalties that haven't been assessed yet, or do you need to wait until the IRS actually sends you a penalty notice before requesting it? Also, when you mention the "simplified approach," does that mean filing a shorter version of the 1120F or is it a completely different form?

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Something nobody mentioned yet - there were special employer tax credits during COVID (Employee Retention Credit) where employers could essentially get refunded for certain payroll taxes. But those programs have largely ended now, and there were strict eligibility requirements. Just mentioning it because some employers did get payroll tax "refunds" during that period, which might cause confusion about what's normally possible.

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Laila Prince

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I heard some companies are still filing for those COVID credits retroactively? Is that true or am I too late for that now?

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Yes, eligible employers can still claim the Employee Retention Credit retroactively by filing amended payroll tax returns (Form 941-X) for applicable quarters from 2020 and 2021. The statute of limitations gives you three years from the original filing date. However, be extremely careful with this. The IRS has flagged ERC claims as a high-audit area because of widespread abuse. Only claim it if you truly meet all the eligibility requirements about business disruption or revenue decline during the pandemic. Many businesses that started after the pandemic (like OP's) wouldn't qualify at all.

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Isabel Vega

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Make sure whatever accounting software you're using is correctly categorizing your employer portions of payroll taxes. QuickBooks and similar platforms should automatically mark these as deductible business expenses in the right category. I've seen some new business owners accidentally create custom categories that don't properly flow to tax forms later. Double check this before tax time!

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Great point! I'm using QuickBooks Online and I assumed it was categorizing everything correctly, but now I'll definitely check. Is there a specific expense category name I should look for to make sure my employer portions of FICA are being recorded properly?

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Nia Thompson

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In QuickBooks Online, you should look for "Payroll Tax Expenses" or "Employer Payroll Taxes" in your chart of accounts. The employer portions of Social Security and Medicare should typically be categorized under something like "Payroll Tax Expense - Social Security" and "Payroll Tax Expense - Medicare" if you have it broken down by type. If you're running payroll through QuickBooks, it should automatically create these entries when you process payroll. But if you're doing payroll manually or through another service, make sure these employer contributions aren't getting lumped in with regular wages or other categories. You want them clearly identified as employer payroll tax expenses so they properly flow to the right line on your Schedule C (or whatever business return you're filing).

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2025 Payroll tax deferral: Who qualifies if you earn under $135,000 yearly income?

Has anyone else read about the new payroll tax deferral order that was signed yesterday? I'm trying to figure out what this means for my situation. From what I can tell, this only affects you **if you're an employee** earning less than $135,000 per year (approximately $5,200 biweekly, though I'm not sure if they meant semi-monthly which would be around $124,000 annually). **Important correction - I initially thought this would help me as a freelancer, but self-employed individuals aren't covered by this executive action.** If you're self-employed like me, this doesn't apply directly, but there's a separate provision that allows deferral of half your Social Security tax (6.2% of net income) until December 31, 2026. This appears to be an extension of the previous employer portion deferment from the RELIEF Act. I found the full text of the memorandum on the government website: >MEMORANDUM FOR THE SECRETARY OF THE TREASURY > >SUBJECT: Deferring Payroll Tax Obligations Due to Economic Recovery Efforts > >By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: > >**Section 1. Policy.** Recent economic challenges have created unexpected disruptions to the American economy. On January 15, 2025, I determined that the current economic situation is of sufficient severity and magnitude to warrant emergency measures under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207, and that remains the case today. American workers have been particularly affected by these ongoing economic challenges. While the Department of the Treasury has already undertaken historic efforts to alleviate the hardships of our citizens, it is clear that further temporary relief is necessary to support working Americans during these challenging times. To that end, I am directing the Secretary of the Treasury to use his authority to defer certain payroll tax obligations with respect to American workers most in need. This modest, targeted action will put money directly in the pockets of American workers and generate additional incentives for work and employment, right when the money is needed most. > >**Sec. 2. Deferring Certain Payroll Tax Obligations.** The Secretary of the Treasury is hereby directed to use his authority pursuant to 26 U.S.C. 7508A to defer the withholding, deposit, and payment of the tax imposed by 26 U.S.C. 3101(a), and so much of the tax imposed by 26 U.S.C. 3201 as is attributable to the rate in effect under 26 U.S.C. 3101(a), on wages or compensation, as applicable, paid during the period of February 1, 2025, through May 31, 2025, subject to the following conditions: > >Is anyone else confused about how this actually works? Will this help us in the long run or just delay the inevitable tax payments?

If I'm reading this correctly, it seems like this deferral only applies to the employee portion of Social Security tax (6.2%), not the Medicare portion (1.45%), right? And employers still have to pay their matching portion? Has anyone used TurboTax or other tax software to model how this might affect their 2025 return?

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Rhett Bowman

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Yes, you're right - it's just the Social Security portion (6.2%) for employees. Employers still pay their matching portion, and Medicare taxes continue as normal for everyone. I tried modeling it in TaxAct, but since it's just a deferral and not forgiveness, it didn't show any actual tax savings - just a timing difference of when the tax is paid.

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I'm really concerned about the timing of all this. The deferral period runs February through May 2025, but we're already in April - that's only about 2 months of actual deferral for most people. Is it really worth the administrative hassle and potential confusion for such a short period? Also, I notice the memo mentions that the Treasury Secretary is supposed to issue guidance to employers, but I haven't seen any official guidance yet. Without clear instructions, I can see why many employers might just choose not to implement this at all. Has anyone's employer actually started the deferral process, or are most companies still waiting for more details? The whole thing feels rushed, especially since we're already partway through the tax year. I'm wondering if this is more about political messaging than actual tax relief, given how short the deferral period is and how close we are to tax filing season.

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You raise really good points about the timing. I'm new to understanding these tax policies, but it does seem like starting a deferral program in April when the period runs through May is pretty short notice for employers to implement. My company's payroll department told us they're still waiting for official Treasury guidance before making any decisions, which makes sense given the administrative complexity you mentioned. It seems like by the time employers figure out the logistics and update their payroll systems, we might be halfway through May already. As someone who's still learning about tax policy, I'm curious - is this kind of short-term deferral actually helpful for most people, or does it just create more paperwork headaches? The repayment aspect seems particularly concerning if people aren't prepared for it.

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Diego Vargas

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This is incredibly concerning, especially given what others have shared about refund fraud schemes. Three weeks without a copy of your return is absolutely unacceptable - legitimate preparers provide copies immediately. Given the stories shared here about fraudulent preparers inflating refunds and disappearing, I'd strongly recommend taking immediate action: 1) Send a written demand (email with delivery receipt) giving them 24 hours to provide your complete return, 2) simultaneously request your tax transcript from the IRS online or by calling them, and 3) place a fraud alert on your credit reports as a precaution. The fact that they mentioned a "good refund" but won't show you the return is a major red flag. Many scam preparers inflate refunds with fake deductions or credits, then disappear when the IRS eventually catches up. You could end up owing back the entire inflated refund plus penalties and interest, even if you had no knowledge of the fraud. Don't wait any longer - protect yourself now. If they're legitimate, they'll provide your return immediately. If they're not, you want to get ahead of any potential issues before they escalate.

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Zoey Bianchi

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This is excellent advice, Diego. I'm new to this community but have been lurking and reading about tax issues. What really struck me about your response is the urgency - I think a lot of people (myself included) would assume this is just poor customer service rather than potential fraud. The 24-hour deadline makes total sense given what others have shared about these scam operations. One question - when you mention requesting the tax transcript from the IRS, is that something you can do online immediately or does it also take time to arrive by mail like the account setup process that Zainab mentioned? If someone is worried about fraud, time seems really critical here. Also, for anyone reading this who might be in a similar situation - are there any other warning signs we should watch for when choosing a tax preparer to avoid this nightmare scenario entirely?

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Great questions, Zoey! For tax transcripts, you can get them online immediately if you already have an IRS account set up. If not, you'll need to verify your identity first (which takes 5-10 days by mail as Zainab mentioned). However, you can also call the IRS directly or use services like Claimyr that others mentioned to get transcript information over the phone more quickly. As for warning signs when choosing a preparer: 1) They guarantee unusually large refunds before seeing your documents, 2) They base their fees on a percentage of your refund rather than a flat rate, 3) They won't provide you with a copy of your return, 4) They don't have a Preparer Tax Identification Number (PTIN) displayed, 5) They suggest direct depositing your refund into their account instead of yours, and 6) They operate out of temporary locations or only during tax season. The biggest red flag is any preparer who won't let you review your complete return before filing. Legitimate preparers want you to check everything because they know they're liable if there are errors. If someone is being evasive about showing you what they're filing in your name, that's an immediate deal-breaker.

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Dylan Cooper

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This situation is extremely troubling, especially after reading the experiences shared by other community members here. As someone who's dealt with tax preparation issues before, I want to emphasize that your instincts are absolutely correct - this is NOT normal behavior. The legal requirement that Connor mentioned is crucial: IRC Section 6107 requires preparers to provide you with a complete copy of your return. The fact that they're avoiding this basic obligation while mentioning a suspiciously high refund ($4,200) raises serious red flags about potential fraud. I'd recommend taking these steps immediately: 1) Document everything - save all your communications with this preparer, 2) Send them a certified letter demanding your complete return within 48 hours, 3) Contact your state's licensing board if they claim to be licensed, and 4) File IRS Form 14157 to report them. Most importantly, don't cash any refund check until you've verified what was actually filed. As NebulaNomad's story shows, fraudulent preparers often inflate refunds with fake deductions, and when the IRS catches up (and they will), you'll be responsible for paying back the entire amount plus penalties and interest. The tools mentioned by others like tax transcripts and verification services can help, but your first priority should be getting that return copy or cutting ties with this preparer immediately. Three weeks of excuses is three weeks too many when it comes to your financial security.

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Dylan, this is such comprehensive advice and I really appreciate how you've connected all the dots from the other community members' experiences. The point about not cashing the refund check is something I hadn't considered but makes total sense - if the refund is based on fraudulent deductions, you'd essentially be borrowing money from the IRS that you'll have to pay back with interest later. I'm also glad you mentioned IRC Section 6107 specifically - having the actual legal code reference makes this feel less like "customer service preference" and more like "this preparer is breaking the law." That's a game-changer when it comes to how seriously to take this situation. One thing that really concerns me after reading all these responses is how common this seems to be. Are there any resources for people to research preparers beforehand? It sounds like there are licensing boards and PTIN numbers to check, but is there a centralized database or website where you can verify a preparer's credentials and complaint history before hiring them? As a newcomer to this community, I'm learning so much about protecting yourself in these situations, but it would be great to know how to avoid them entirely in the first place.

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23 Has anyone had to amend a return after making a mistake with one of these? I reported my entire annuity distribution as taxable last year ($95k) and just realized I should have only reported the gain portion ($32k). Not sure if its worth filing an amendment or just letting it go...

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5 Definitely file an amended return! That's a $63k difference in taxable income - you probably overpaid thousands in taxes. You generally have 3 years from the original filing date to amend and get a refund. Form 1040-X isn't that complicated.

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I'm dealing with a similar situation right now with my father's inherited annuity. The insurance company sent me a 1099-R with box 2b checked, but unlike your situation, they didn't provide any breakdown on the check stub - just the total distribution amount of $78,000. I've been trying to contact the insurance company to get the basis information, but they keep transferring me between departments. Does anyone know if there's a standard form or document I should be requesting from them? I'm worried about reporting the wrong amount and getting in trouble with the IRS. Also, for those who successfully reported these correctly - do you put the taxable amount in the "IRA distributions" line on Form 1040, or does it go somewhere else since it's from a non-qualified annuity?

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