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Check ur mail carefully, sometimes they send another notice asking for more info but it looks like junk mail lol. Almost threw mine away
omg thanks for the heads up!
I received Notice 1462 about 3 months ago and just wanted to give you hope - mine finally processed last week! The notice said they needed to verify some of my W2 information. I didn't have to do anything on my end, just wait it out. Keep checking your transcript weekly for updates, that's how I knew it was moving forward. The waiting is definitely the hardest part but try to stay patient!
Has anyone actually had the IRS come after them for this specific issue? I've been using W8BEN for my Singapore company for 3 years now and just learned from this thread I should be using W8BEN-E! Need to know how urgent this is to fix...
I work for a payment platform, and we occasionally get IRS compliance checks specifically on our W8 forms. We've had to go back to clients a few times to get updated W8BEN-E forms when they incorporated. The IRS didn't impose penalties on the companies, but they did require the correct documentation to be submitted. Different situation than yours, but thought it might help to know the IRS does look at this stuff.
I went through almost the exact same situation with my German GmbH! Used W8BEN for nearly 3 years after incorporating before realizing my mistake. What really helped me was documenting everything - when I discovered the error, when I submitted corrected forms, and keeping records of all payments received during that period. From my research and speaking with a cross-border tax specialist, the key factors that work in your favor are: 1) You were still properly certifying your non-US status (just on wrong form), 2) You corrected it as soon as you realized, and 3) The US platforms likely applied correct withholding rates anyway since UK individuals and UK corporations often get similar treaty treatment. The IRS tends to focus on cases where taxes were actually avoided or where there's clear intent to deceive. Your situation sounds like a genuine administrative oversight that you've now corrected. I'd recommend keeping good documentation but not proactively contacting the IRS unless you discover actual withholding discrepancies in your payment history.
I wonder if its different if your accused of a federal crime vs a state crime? Maybe federal money cant be used for federal crimes? Just thinking out loud lol
One thing to keep in mind is the importance of clear documentation from the start. I'd recommend keeping detailed records of your fundraising page, showing that you're not offering any goods or services in return for donations. Screenshot everything - the description, any updates you post, etc. Also consider adding language to your fundraiser that explicitly states donations are gifts to help with legal expenses, with no expectation of anything in return. This helps establish the gift nature of the contributions from the beginning. If you do end up receiving a 1099-K from the platform, having this documentation will be crucial when explaining to the IRS why these payments shouldn't be treated as taxable income. The clearer your paper trail, the easier it'll be to handle any questions that come up later.
Just a reminder that if you efile your taxes and then find out that you need to amend, you need to wait until your original return is processed before filing the amendment. You can check the status of your original return on the IRS website with the "Where's My Refund" tool. The confusing part about the 1040-X showing you owe $82 instead of getting a reduced refund is because the amendment only shows the CHANGE from your original return, not the new total refund. So if your original refund was $643 and the corrected refund should be $561, the amendment shows you "owe" $82 because that's the difference.
Thanks for explaining this! That's exactly what was confusing me - the difference between what my tax software was showing vs what the 1040-X form showed. So just to be clear, they'll send me the original $643 refund first, then I'll need to pay back $82 after they process the amendment? That makes way more sense now.
Yes, that's exactly right. The IRS will process your original return first, send you the full original refund of $643, and then when they process your amendment, you'll need to pay back the $82 difference. Make sure to set aside that $82 from your refund so you have it ready when the time comes to pay it back. The IRS typically takes several months to process amendments, so you might not get the bill right away.
Something to consider: if the additional W-2 is small enough, you might technically be allowed to just wait and report it next year by filing a form 8275 disclosure statement with next year's return explaining the situation. This is generally only recommended if the additional tax is very minimal (like under $50). That said, the right thing to do is file the amendment. Just want to point out that the tax world won't end if your amendment takes a little time to file. The penalties for a small amount would be minimal if you're getting a refund anyway.
This is terrible advice! You absolutely cannot "wait and report it next year" - that's not how Form 8275 works at all. A disclosure statement doesn't let you ignore income from the correct tax year. The IRS matches W-2 information with your return and will automatically generate a notice if there's a mismatch. Form 8275 is for disclosing positions that might be controversial but have some basis in tax law. It's not for postponing income to a different tax year, which is clearly improper.
You're absolutely right to call this out. Form 8275 is for uncertain tax positions where you're taking a stance that might be questioned but has reasonable support - it's definitely not for deferring income to the wrong tax year. The IRS computer matching system will catch the missing W-2 income automatically when they process the employer's submission, and you'll get a CP2000 notice demanding the additional tax plus interest and penalties. Much better to file the amendment proactively and avoid the hassle.
Dmitry Petrov
protip: sign up for informed delivery with usps. even tho ur doing direct deposit you'll get notifications if they decide to mail u anything
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Jamal Brown
ā¢good idea! gonna do that rn
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Mason Lopez
Oklahoma is usually pretty efficient with refunds! I got mine last year in exactly 10 business days after acceptance. Just keep an eye on your bank account around day 8-10. The state treasury website also has a "Where's My Refund" tool if you want to track the status.
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