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I just hit a roadblock trying to help my cousin submit a Form 2848 (power of attorney) for his mom who's been diagnosed with early-stage dementia. We thought we filled everything out correctly - we put "f" for family member in the designation column under Part II Declaration of Representative, but left the "Licensing jurisdiction" column blank since he's just her son, not a professional representative. Well, today we got the form sent back with this note: "We received your Form 2848, Power of Attorney and Declaration of Representative, but we also need the following information: - You must list the relationship to the taxpayer under "licensing jurisdiction." On Form 2848, you entered "family member" as the designation in the Declaration of Representative." I'm so confused... do we just write "son" in the licensing jurisdiction column? That doesn't make sense to me because that column seems meant for professional credentials. Has anyone dealt with this before? The IRS instructions weren't clear about this specific situation. Any help would be super appreciated! We need to get this squared away ASAP so he can handle her tax matters.
I've been on Currently Not Collectible status with the IRS for about 14 months now due to financial hardship. Last time I went through this back in 2019, they still offset my refund despite the CNC designation. I'm planning my finances carefully for 2024 and wondering if the same thing will happen this year. Has anyone had experience with refund offsets while on CNC status? I've been methodically tracking my situation and want to know what to expect when I file my 2023 return in the coming weeks.
According to Internal Revenue Manual 5.19.17.2, "The offset of refunds to pay tax liabilities is not prohibited while a taxpayer is in CNC status." I went through this myself. I was placed in CNC status in 2022, filed my return in February 2023, and my entire $2,800 refund was applied to my outstanding tax debt. The IRS considers refund offsets as passive collection actions that are separate from the active collection actions prohibited by CNC status. I understand how frustrating this can be when you're already in financial hardship.
I'm currently going through this exact situation and can confirm what others have said - CNC status won't protect your refund from offset. I was placed in CNC status in September 2023 due to unemployment, but when I filed my 2022 return last April, they still took my entire $1,847 refund. The frustrating part is that the CNC determination letter specifically states they won't pursue collection activities, but apparently refund offsets don't count as "active" collections. I called the Taxpayer Advocate Service to see if there were any options, and they explained that the offset happens automatically through the Treasury Offset Program before the IRS even processes your return. My advice would be to adjust your withholdings going forward so you owe a small amount instead of getting a refund - that way there's nothing for them to take.
Title: Need help understanding Notice 2014-7 exempt income for caregiver W-2 1 I'm a live-in caregiver for my cousin who has severe disabilities, and I get paid through a local healthcare agency. I just received my W-2 form and I'm kind of confused about how to report it. The W-2 shows $0 in boxes 1 and 2 (wages and federal tax withheld), but box 14 has "2014-7" listed with about $32,500 in compensation. I know this has something to do with tax-exempt income for caregivers under Notice 2014-7, but I'm not sure if I still need to report this on my tax return even though it's exempt from federal and state taxes? And what happens if I just don't include it at all? Will I get in trouble with the IRS? This is my first time dealing with this type of situation and I'm really not sure what to do.
3 Has anyone used TaxAct with Notice 2014-7 income? I'm trying to figure out how to enter this correctly and the software keeps trying to tax me on it, even though box 1 of my W-2 shows $0. Help please!
15 I've used TaxAct with Notice 2014-7 income. You need to enter the W-2 as normal, but then look for the section about "Other Income" or "Less Common Income." There should be an option for "Medicaid Waiver Payments" or something similar. If you can't find it, try entering the W-2 normally, then create an offsetting negative entry in the adjustments section equal to the amount in Box 14. You'll also want to attach an explanation statement to your return explaining that you're excluding the income under Notice 2014-7.
I'm also dealing with Notice 2014-7 income as a caregiver and wanted to share what I learned after doing some research. The key thing to understand is that this notice specifically applies to difficulty-of-care payments made under Medicaid home and community-based services waivers. Since your W-2 shows $0 in Box 1 and the amount in Box 14 with the 2014-7 notation, your employer has correctly classified this as excludable income. You absolutely should still file a tax return and include this W-2, but the income won't be subject to federal income tax or self-employment tax. One important detail I discovered: make sure you're actually eligible for this exclusion. The care recipient must qualify for institutional care (like a nursing home) and you must be providing care in a home setting. Also, there are limits on how much can be excluded - it can't exceed the difficulty-of-care payment amount determined by the state. I'd recommend keeping detailed records of your caregiving activities and the recipient's medical condition documentation, just in case the IRS ever questions the exclusion.
Today's my 22nd birthday and I'm kinda confused about my tax filing for 2024. Last year when I filed my 2023 taxes, I had to complete Form 8615 (Tax for Certain Children Who Have Unearned Income) because I received unemployment benefits. I was a full-time college student filing as Single, and my mom didn't claim me as a dependent. This year I'm using the GetYourRefund service again but got assigned a different preparer. They're telling me I DON'T need to fill out Form 8615 since I'm not being claimed as a dependent. This doesn't sound right to me. I'm still getting unemployment, which I understand is considered unearned income, and that money makes up more than half of my support (which is why my mom can't claim me as a dependent). When I checked the Instructions for Form 8615, under "Who Must File" Section C, it says: *"Was a full-time student at least age 19 and under age 24 at the end of 2024 and didn't have earned income that was more than half of the child's support."* Shouldn't I still need to file Form 8615? I'm confused because this new preparer seems confident, but it contradicts what I had to do last year and what I'm reading in the instructions. Any help would be appreciated!
I've been a tax preparer for 7 years and I always tell my clients that Form 8615 is confusing even for professionals! Your new preparer is correct. A common mistake is thinking that just because you're a student under 24 with unearned income, you automatically need Form 8615. That's not the case. The key is whether you CAN be claimed as a dependent. Since your unemployment benefits provide more than half your support, you CANNOT be claimed as a dependent. Therefore, Form 8615 is not required. Your new preparer is doing the right thing!
Thank you everyone for the detailed explanations! This makes so much more sense now. I was getting confused because the Form 8615 instructions focus on the age/student/income tests, but I didn't realize the dependency eligibility was the overriding factor. Just to confirm my understanding: Since my unemployment benefits are more than half my support, I cannot be claimed as a dependent by anyone. Because I cannot be claimed as a dependent, Form 8615 doesn't apply to me at all, regardless of my age, student status, or type of income. My new preparer was right, and I apologize for doubting them! I guess my previous preparer was either being overly cautious or misunderstood the rules. This has been a huge learning experience - tax rules are way more nuanced than I thought. Thanks again for helping me sort this out before I filed!
So I've got two different scenarios at our small business (S-Corp) and I'm honestly confused after reading through Publication 15. The main issue is about an employee who broke their ankle and was out of work for about 3 weeks. During that time, our company covered the cost of what would have been their withholding for their Aflac insurance. The company isn't asking the employee to pay this back. I'm wondering if this would fall under a taxable fringe benefit? It's not a huge amount (around $120 total) but I want to make sure we're handling it correctly for tax purposes. I didn't see anything specific about this type of situation in Pub15. Would we need to add this amount to their W-2 as taxable income? Or since it's related to their insurance during a medical leave, is it treated differently?
Has anyone dealt with a situation where you provided different benefits to different employees? We have some staff getting dental and some getting Aflac and I'm worried about discrimination testing.
Different benefits for different employees can create issues with nondiscrimination testing, especially if highly compensated employees get better benefits. S-Corps need to be careful about this. You might want to create a cafeteria plan where everyone gets the same dollar amount to spend on benefits of their choice.
Based on the discussion here, it sounds like you'll need to include that $120 in the employee's taxable wages. Since your company covered what would normally be the employee's responsibility for Aflac premiums without expecting repayment, the IRS treats this as additional compensation. For S-Corps, this is pretty straightforward - add it to their wages in the pay period when you covered the costs, and make sure it's included on their W-2 at year-end. You'll also need to withhold the appropriate payroll taxes on this amount. One thing to double-check is whether your Aflac deductions are currently set up as pre-tax or after-tax, as someone mentioned above. You can see this by looking at how the deduction appears on your payroll - if it reduces taxable income, it's pre-tax; if it doesn't, it's after-tax. This affects exactly how you handle the tax reporting, but either way, covering the employee's portion makes it taxable income to them. Document everything well since it was related to medical leave - you want a clear paper trail showing this was a one-time accommodation during their ankle injury recovery, not an ongoing benefit that could create precedent issues with other employees.
Connor O'Neill
Has anyone here had success with getting Form 2848 approved when the person with dementia CAN'T sign the form anymore? My mother's dementia has progressed to the point where she doesn't understand what she's signing. I have legal guardianship through the courts but the IRS keeps rejecting the form.
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QuantumQuester
You need to submit a copy of the court papers showing your guardianship along with the 2848. And instead of having your mother sign, you sign it with "by [your name], guardian" and attach the court documents. Also check box in Part I where it says the power of attorney is not revoked in the case of incapacity. I went through this exact situation last year with my father who has severe dementia. The key is attaching those court documents proving your authority to act on her behalf.
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Connor O'Neill
Thank you so much, that's incredibly helpful! I've been submitting the guardianship papers but I wasn't signing it correctly. I'll try again with the format you suggested. It's amazing how little guidance the IRS provides for these specific situations that affect so many families.
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Destiny Bryant
Thanks everyone for sharing your experiences! I just went through this exact same situation with my elderly father and wanted to add a few tips that might help others: 1. When you resubmit the corrected Form 2848, include a cover letter explaining that you're resubmitting based on their feedback. This helps the IRS processor understand why you're sending it again. 2. Make copies of EVERYTHING before you mail it. The IRS processing times are unpredictable right now, and having copies helps if you need to follow up. 3. Consider sending it certified mail so you have proof of delivery. It adds a few dollars but gives you peace of mind. The "licensing jurisdiction" column issue trips up so many families - I wish the IRS would just relabel that column to "relationship/jurisdiction" to make it clearer. Once I put "son" in that field and left the license number blank, it was approved within 3 weeks. Good luck getting this resolved for your cousin's mom! Having the POA in place makes handling her tax matters so much easier.
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