Small tip for J1 physicians: when filling out Form 8843 line 4, I learned from my tax advisor that it's helpful to be specific about your J1 category. So instead of just "J-1, 01/15/2023" you might want to write "J-1 Alien Physician, 01/15/2023" to be extra clear. Also, make sure you're keeping track of all your entry/exit dates if you travel internationally during your program. This becomes really important for calculating your substantial presence test in future years!

Just wanted to add my experience as someone who went through this exact same confusion last year! For Form 8843 line 4, I ended up putting "J-1, 06/12/2022" (using my actual entry date) and it was accepted without any issues. One thing that really helped me was creating a simple timeline of all my entries and exits from the US since starting my J1 program. Even though line 4 only asks for the initial entry date, having that complete record made filling out the rest of the form much easier and helped me understand my substantial presence test status. Also, don't forget that as J1 physicians, we're considered "exempt individuals" for our first two calendar years in the US for substantial presence test purposes, which is different from other visa categories. This status affects not just Form 8843 but also how you calculate your tax residency status going forward.

One thing nobody's mentioned yet is state tax considerations. I'm a Brazilian with a Wyoming LLC and discovered that even though I don't have federal tax filing requirements as a non-resident alien (beyond the Form 5472 already mentioned), some states might still require filing. Wyoming is great because there's no state income tax, but if you formed your LLC in a state with income tax, you might have state filing requirements even without US-source income.

This thread has been incredibly helpful! I'm in a similar situation as a Canadian citizen with a Delaware LLC (mistake on my part - should have gone with Wyoming!). Just wanted to confirm something based on what I'm reading here: if I'm providing digital marketing services to US clients entirely from my home office in Toronto, I would use W-8BEN-E and NOT claim any effectively connected income, correct? My services are performed 100% remotely with no US physical presence. Also, the Form 5472 requirement is news to me - I've been operating for 8 months and had no idea about this filing obligation. Is there any relief for reasonable cause if you genuinely didn't know about the requirement? That $25k penalty is absolutely terrifying for a small business owner. Thanks to everyone who shared their experiences - this is exactly the kind of real-world guidance that's impossible to find in IRS publications!

Did you get any kind of receipt or confirmation when you originally had your taxes prepared? Even if they didn't file, they should have given you physical copies of your completed returns. If you have those, you could file them yourself by mail to get the process started while you fight with H&R Block. Also, for the stimulus money you're owed, I'd recommend filing Form 3911 (Taxpayer Statement Regarding Refund) with the IRS. That specifically traces missing stimulus payments and can be processed separately from your regular tax return.

This is absolutely infuriating! I can't believe H&R Block would put you through this. A year of waiting for nearly $10k that you were rightfully owed? That's not just an inconvenience - that's a serious financial hardship. Here's what I'd do immediately: First, gather every piece of documentation from your original visit - receipts, copies of returns, appointment confirmations, anything. Then contact both the original location AND corporate headquarters simultaneously. Don't wait for one to respond before trying the other. When you call corporate, be very clear about the timeline and financial impact. Mention that you've been financially struggling while waiting for THEIR mistake to be resolved. Ask specifically for their "Peace of Mind Guarantee" to cover not just the refiling fees, but additional compensation for the year-long delay. Also, since you're dealing with 2021 and 2022 returns, time is becoming a factor. The IRS typically has a 3-year statute of limitations for claiming refunds, so you need to get those 2021 returns filed soon. Consider filing a complaint with your state's attorney general office as well - they often have consumer protection divisions that take these cases seriously, especially when large companies are involved. You shouldn't have to pay a single penny more to fix their mistake. Stand firm on that!

The enforcement reality is that the IRS has audited exactly ONE church for political activities in the last decade due to budget cuts and the special church audit rules. Churches know this and that's why you see more blatant political activity. Unless something changes with IRS funding or Congress modifies the law, don't expect much enforcement regardless of what the tax code says. Your best bet is public pressure and media attention if you see violations, not expecting the IRS to step in.

This is really eye-opening. I had no idea about the Church Audit Procedures Act creating those extra barriers for IRS investigations. It explains why I've seen some pretty obvious political endorsements from pulpits in my area with seemingly no consequences. The fact that they've only audited ONE church in the last decade despite hundreds of complaints really shows how toothless this enforcement has become. It's frustrating because the Johnson Amendment seems like it should be straightforward - stay out of candidate endorsements or lose your tax exemption - but the reality is much more complex. @Giovanni Martello makes a good point about public pressure being more effective than expecting IRS action. Maybe that's the real deterrent these days - the potential for bad publicity rather than actual tax consequences.

Quick tip that helped me: if you go to the IRS Penalty Handbook in the Internal Revenue Manual (IRM 20.1.2), it specifically addresses reasonable cause criteria for penalty abatement. The 90% threshold is mentioned there as one of the factors that can indicate reasonable cause for relief from the Failure to Pay Penalty. So even if technically the penalty should apply, there's administrative guidance that essentially creates this 90% safe harbor that tax software like Ultratax is correctly implementing.

This is a great discussion that highlights how complex tax penalty calculations can be! I've been a tax preparer for about 3 years and I'm still learning these nuances. What I find frustrating is that the IRS doesn't make these administrative practices more visible in their standard publications. I've had clients question penalty calculations before, and it's hard to explain why software is "right" when you can't easily find the supporting documentation. Does anyone know if there's a comprehensive resource that covers these types of administrative penalty relief guidelines? It would be helpful to have something to reference when clients ask about penalty calculations that seem counterintuitive based on the basic IRS forms and instructions. Also, for those mentioning the Internal Revenue Manual - is this something that's regularly updated, or are these guidelines pretty stable year to year?