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IRS Form 8821 vs 2848 - Which one for helping elderly parent with tax debt?

My mom is struggling with a massive tax debt situation and I'm trying to figure out the best way to help her from a distance. She lives about 3000 miles away and is dealing with roughly $28k in back taxes from 2015 because my stepdad (passed away in 2021) had some day trading income that was never filed properly. From what I understand, my stepdad had set up some kind of payment plan with the IRS, but that expired after his death. Now they're demanding about $650 monthly payments which is completely impossible for her on her fixed income. The main complications: she barely speaks English (it's her second language), she's not comfortable with any kind of technology, and she struggles with reading in both languages. There's zero chance she could set up an IRS online account by herself. She's also really resistant to using the taxpayer advocate service because she doesn't trust government programs. I just want to get her monthly payments reduced to something reasonable, but I also need to see the full picture of what's going on. She's been embarrassed about the whole situation and I suspect she hasn't been completely forthcoming about how much is actually owed or all the details. My question is about which IRS form would be better in this situation - Form 8821 (Tax Information Authorization) which just lets me see her tax info, or Form 2848 (Power of Attorney) which would let me fully represent her? Any advice would be really appreciated.

Olivia Evans

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It's worth checking if your mom qualifies for the IRS Fresh Start program, especially since this debt is so old. With a proper financial statement (Form 433-F like someone mentioned), she might qualify for an Offer in Compromise where she pays less than the full amount owed. At her age and income level, the IRS might accept pennies on the dollar, especially for old tax debt. My mother owed about $35k, and we settled for around $3k through this program.

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Offer in Compromise is super hard to get approved though. My parents tried twice and got rejected both times even though they're on fixed income. The IRS kept saying they had too much equity in their house.

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Chloe Green

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I went through almost the exact same situation with my grandmother two years ago - she had about $22k in back taxes from 2016-2017 that my late grandfather had mishandled. The language barrier and technology issues sound very familiar. Definitely go with Form 2848. The 8821 would just frustrate you because you'd be able to see the problem but couldn't do anything to fix it. With the 2848, you can negotiate directly with the IRS on her behalf. A few practical tips from my experience: First, gather ALL her IRS notices before filling out any forms - you'll need the complete picture. Second, when you file the 2848, also prepare Form 433-F right away. The IRS will likely ask for it during your first call anyway, and having her financial info ready will speed things up. For someone with $1800/month income and $28k in old tax debt, the IRS is usually quite reasonable about payment plans. We got my grandmother's payment reduced from $480/month to $75/month, and after a year they put her account in "Currently Not Collectible" status because of her age and limited income. One thing to be prepared for - they may ask about any assets she has, including her home equity. But at her age and income level, they're typically much more flexible than with younger taxpayers.

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Laila Fury

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This is incredibly helpful - thank you for sharing your experience! The $75/month payment sounds much more manageable for someone on fixed income. I'm curious about the "Currently Not Collectible" status you mentioned. Did your grandmother have to reapply for that, or did the IRS automatically review her situation after the year of payments? Also, does that status affect her credit score or have any other consequences I should be aware of?

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Ethan Taylor

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Quick heads up - make sure you keep copies of EVERYTHING you send them. The IRS is known for losing mail these days with all the backlogs their dealing with. And when you do mail it, use certified mail with tracking so you have proof they received it.

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thanks for the tip! definitely gonna do certified mail

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Also worth noting - if you owe additional taxes after submitting the 8962, you'll get a separate bill for that amount plus interest from your original filing date. But if you end up getting a larger refund, they'll send you the difference. The whole process is annoying but at least they do eventually sort it out once they have all your forms.

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Has anyone used TurboTax or similar software to handle this kind of international situation? I'm in almost the exact same boat (moved to Germany in 2023, have US rental property) and wondering if regular tax software can handle the complexity or if I need something specialized.

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Emma Davis

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Regular TurboTax struggles with international situations. I tried last year and it couldn't properly handle the foreign tax credit calculations for my German income. I ended up using TaxAct which was much better with Form 1116 and treaty provisions. For the German return, I used SteuerGo which has an English interface option.

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Thanks for the recommendation! I'll check out TaxAct and SteuerGo. Did you find the interface intuitive enough to navigate the treaty provisions yourself, or was there a steep learning curve?

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Rachel Clark

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I'm dealing with a very similar situation - moved to Germany in late 2023 and have been struggling with understanding how the tax treaty applies to my US rental income. From what I've researched, the key is that rental income from US property remains primarily taxable in the US under Article 6 of the treaty, but Germany will still include it in your worldwide income calculation. One thing I learned that might help: make sure you're properly calculating your German tax residency date. If you moved in September 2023, you likely became a German tax resident immediately upon arrival with intention to stay permanently. This affects how much of your 2023 income Germany will want to tax. For the rental property, you'll need to report it on both returns but can claim foreign tax credits to avoid double taxation. The German tax advisor's quote does seem excessive - I've seen quotes ranging from €800-1500 for similar complexity. Have you considered getting a second opinion from another German Steuerberater? Also, don't forget about depreciation on your rental property - you can claim it in both countries, which can significantly reduce your taxable rental income.

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Just FYI if this helps anyone - I had the exact same question last year. If you use tax software like TurboTax or H&R Block, they usually will ask you for the 5498-SA info but it's actually optional! As long as your W-2 has the contribution amount in box 12b, and you enter any 1099-SA info for distributions you took, the software will generate the Form 8889 correctly.

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I tried using FreeTaxUSA and it didn't explain any of this clearly. It kept asking for the 5498-SA without saying it was optional. Which software do you think handles HSAs the best? I'm getting so frustrated with this.

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I've tried several and found TurboTax handles HSA situations the most clearly. It explicitly tells you that the 5498-SA information is optional if the contribution is already on your W-2. They also have better explanations about what counts as a qualified medical expense for HSA distributions. H&R Block is my second choice. FreeTaxUSA is good for simple returns but their HSA section isn't as user-friendly or informative. For complex HSA situations (like multiple accounts or mid-year eligibility changes), TurboTax's explanations are much clearer.

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TommyKapitz

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Sophie, I completely understand your frustration! HSA tax filing can be really confusing at first. The good news is that since your HSA contributions are already shown in box 12b of your W-2, you've got the main piece covered. Here's what you need to know: You don't "fill out" the 1099-SA or 5498-SA forms - these are informational documents that should be sent to you by your HSA provider. The 5498-SA shows your total contributions (which should match your W-2), and you'd only get a 1099-SA if you withdrew money from your HSA during 2024. What you DO need to complete is Form 8889, which goes with your tax return. This form reconciles all your HSA activity for the year. Even if you didn't take any withdrawals, you still need this form to properly report your contributions and confirm your eligibility. The process is actually pretty straightforward once you know what goes where. Don't stress too much - you've got all the information you need!

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Maya Lewis

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I think everyone's overlooking that the student loan forgiveness is only 2 years away. If I were in your shoes, I'd probly just focus on that short term goal. 2 years of missing Roth contributions isnt gonna destroy your retirement. Have you ran the actual numbers? $1100/month savings on student loans for 24 months = $26,400 saved. That's WAY more than 2 years of max Roth contributions ($6k x 2 = $12k). Just sayin, might be worth taking the hit on retirement contributions to get that sweet loan forgiveness.

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Isaac Wright

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That's a good point, but don't forget about the lost growth on those Roth contributions over time. $12k invested for 25 years at 7% is around $65k. Still might be worth it for the loan forgiveness, but the opportunity cost is higher than just the contribution amount.

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Ethan Brown

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This is such a common dilemma for married couples with student loans! I went through the exact same situation a few years ago. Here's what I learned from my research and experience: The $10k income limit for Roth IRA contributions when married filing separately is brutal, but there are definitely workarounds worth considering: 1. **Backdoor Roth IRA** - As mentioned by others, this is probably your best bet. You contribute to a traditional IRA (non-deductible) and immediately convert to Roth. No income limits on conversions. 2. **Maximize your employer 401k** - This isn't affected by filing status, and many plans now offer Roth 401k options too. 3. **HSA if available** - Triple tax advantage and can be used as retirement account after age 65. For the student loan piece - definitely run the numbers on the total savings vs. opportunity cost. But honestly, with only 2 years left until forgiveness and $1,100/month savings, that's probably the financially smart move short-term. One thing to consider: can you and your wife adjust withholdings or estimated payments to get closer to that $10k threshold for next year? Sometimes small tweaks to pre-tax contributions can help you stay under limits while still optimizing the overall strategy. The Solo 401k suggestion is brilliant if you have any 1099 income!

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Sergio Neal

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This is really helpful advice! I'm in a similar boat but hadn't thought about adjusting withholdings to get closer to the $10k threshold. How exactly would that work? Like, if I'm at $139k income, would increasing my 401k contributions enough to get my AGI down to $10k actually be feasible? That seems like it would require contributing almost all of my income, which doesn't sound realistic. Or am I misunderstanding how the income calculation works for the Roth IRA limits?

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