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I think the IRS intentionally makes these forms confusing lol. Has anyone had their Form 8802 rejected? How long did it take to get a response? I'm supposed to start a position in Korea in 6 weeks and I'm worried about timing.
Mine took exactly 4 weeks from submission to receiving the certificate. My friend who applied around the same time but had some discrepancies between his application and tax returns had his rejected after about 3 weeks, then had to resubmit with corrections. The IRS is actually fairly quick with these compared to other services. If you're in a real rush, there's an expedited process, but you need to provide proof of urgency (like a letter from your employer with a deadline).
I went through this exact same nightmare with Form 8802 about 6 months ago! For line 4a when you check "Individual," you literally just need to write your full name exactly as it appears on your most recent tax return - nothing more, nothing less. Don't add your SSN, don't add extra info, just your name. Since you're working for a Singapore company, make sure you're also including copies of your most recently filed 1040 and any relevant schedules (like Schedule C if you have any self-employment income). The IRS uses this to verify your U.S. tax residency status for the foreign tax authority. One tip that saved me - call the IRS practitioner priority line if you get stuck. The regular customer service line is useless, but the practitioner line (even though you're not technically a practitioner) sometimes gets you through to someone who actually knows about international forms. Good luck with your deadline!
This is super helpful! I had no idea there was a practitioner priority line. Do you happen to know the number for that line? I've been trying the regular customer service number and like you said, it's been completely useless. Also, when you say "exactly as it appears on your tax return" - does that include middle initials if that's how you filed, or just first and last name?
The practitioner priority line is 866-860-4259, but heads up - they might ask if you're an enrolled agent or CPA. I just said I was calling on behalf of a client (which is technically true since you're your own client, right?). For the name on line 4a, include everything exactly as it appears - so if you filed with your middle initial, include it. If you used your full middle name, use that. The IRS computer system matches character by character, so "John A. Smith" is different from "John Smith" to them. I learned this the hard way when my first application got delayed because I abbreviated my middle name differently than on my 1040. Also make sure you're looking at the "name" field on line 1 of your 1040, not the signature line - sometimes people sign differently than they fill out the form.
I was in a similar situation with my S corp and almost got nailed in an audit. Even though the instructions for 1125-E say to file it if gross receipts are over $500K, the bigger issue is definitely the lack of reasonable compensation. My accountant now has me document WHY I'm paying myself the amount I do each year with comparable salary data for my industry. This has been super helpful in justifying my compensation decisions.
What kind of documentation do you keep exactly? I'm worried I might be in a similar situation and want to start fixing things the right way.
I keep a detailed compensation analysis file that includes salary surveys from sites like PayScale and Glassdoor for my position/industry, documentation of my actual duties and hours worked, and a written justification for my compensation level that gets updated annually. My CPA also helps me prepare a "reasonable compensation study" that compares my salary to similar businesses in my area and industry. The key is being able to show the IRS that you put thought into the decision rather than just picking an arbitrary number. I also document any changes in responsibilities or business performance that might affect compensation from year to year. It's extra work, but much better than trying to justify your decisions during an audit without any supporting documentation.
Based on this discussion, I'm really concerned about my situation too. I've been running my S corp for 3 years with similar revenue levels but zero officer compensation. Reading about the Watson case and the potential for retroactive reclassification has me pretty worried. I think I need to take action immediately - both filing Form 1125-E correctly (showing $0 compensation) and establishing reasonable compensation going forward. The documentation approach that Andre mentioned sounds like exactly what I need to implement. Has anyone here actually gone through the process of fixing this retroactively? I'm wondering if I should reach out to a tax professional who specializes in S corp compliance or if there are specific steps I should take first. The potential penalties and back taxes are keeping me up at night!
22 Just an FYI - I called the EFTPS customer service line (not the IRS) at 1-800-555-4477 and they were able to tell me exactly which form to select for my CP128. Only took about 10 minutes on hold. Sometimes the EFTPS folks are more helpful than the IRS for these specific payment questions.
6 Thank you for this suggestion! I never thought about calling EFTPS directly. Did they give you any specific advice about what to put in the comments section?
Yes, they told me to include the notice number (CP128), the tax period it relates to, and my SSN or EIN depending on whether it's personal or business. They emphasized that the notice number is the most critical piece for proper payment application. The EFTPS rep also mentioned that their system flags payments with notice numbers for special handling, which helps ensure it gets routed correctly within the IRS.
I've been through this exact situation with a CP128 notice last year. The key thing that finally worked for me was calling the EFTPS helpline directly at 1-800-555-4477 rather than trying to reach the IRS. They walked me through the correct form selection based on what type of tax the penalty was related to. For my situation (employment tax penalty), I had to select Form 941, but the EFTPS rep emphasized that it really depends on the underlying tax type shown on your CP128 notice. They also told me to include three things in the comments: the CP128 notice number, the tax period, and my EIN. The payment posted correctly within a few business days, and I received confirmation that it was applied to the right penalty. Much easier than the hours I spent on hold with the IRS!
This is really helpful advice! I'm dealing with a similar CP128 situation right now. When you called the EFTPS helpline, did they ask you to read them specific information from your notice, or were they able to help just based on you mentioning it was a CP128? I want to make sure I have everything ready before I call.
One warning about cost segregation - the IRS has been increasing scrutiny of these studies in recent years. Make sure whoever does yours is legit and has engineering credentials. I've seen people try to DIY this and get absolutely hammered in audits.
Definitely agree with this! My brother tried to save money by using some online template for cost segregation and got audited. Ended up owing way more plus penalties. Sometimes you really do get what you pay for.
@Yara Khalil This is so important to emphasize! I work in tax preparation and see way too many people try to cut corners on cost segregation studies. The IRS specifically looks for certain qualifications - the engineer needs to be licensed and the study needs to follow specific methodologies. A proper study should include detailed engineering analysis, site visits, construction drawings review, and compliance with IRS guidelines. Yes, it costs more upfront, but it s'essentially audit insurance. The savings from accelerated depreciation are only beneficial if they hold up under scrutiny. For anyone considering this strategy, ask potential providers about their audit defense guarantee and make sure they have actual engineering credentials, not just tax credentials.
Great discussion here! As someone who's been through a similar conversion, I wanted to add a few practical points. First, don't forget about the "material participation" tests beyond just Real Estate Professional status - there are 7 different tests you can meet, and some are easier than others depending on your situation. For the Airbnb conversion specifically, document EVERYTHING. Keep logs of time spent on guest communication, cleaning coordination, maintenance, marketing, etc. The IRS loves detailed records, especially for short-term rental activities since they're often more hands-on than traditional rentals. One thing that caught me off guard: if you're doing cost segregation on a duplex where only one unit becomes an Airbnb, you'll need to track the depreciation schedules separately for each unit since they have different business purposes. It's not complicated, but it's something to plan for. Also consider the state tax implications - some states treat short-term rentals differently than long-term rentals for tax purposes, which could affect your overall strategy. Worth checking with a local CPA who understands your state's rules.
Ethan Anderson
Worked at H&R Block for 7 years. One trick I've seen people use is to look at Schedule A (Itemized Deductions) instructions. It specifically mentions that you can deduct contributions to "A religious organization (church, synagogue, etc.)" without saying they have to be US-based. Some people deduct tithes to foreign religious organizations based on this language. Not sure if that helps with ICRC but thought I'd mention it.
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Emily Jackson
ā¢Wait, seriously? Has anyone ever been audited for doing that? It seems like a pretty big loophole if true.
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Diego Rojas
I can add some clarity here from a tax preparer's perspective. The ICRC is actually one of the few foreign organizations that IS deductible for US taxpayers, but the confusion comes from their unique status. They're what's called a "Friends of" organization - they have legitimate US operations through the ICRC Washington Delegation office, which allows them to qualify for deductible donations despite being headquartered in Switzerland. This is different from most foreign charities that don't qualify. The key is that your donation needs to go to their US operations (which it does when you donate through their main website). The outdated 2014 information you found was from before they established their current US status. For future reference, Publication 526 has the official rules, but honestly for international donations, it's worth getting confirmation directly from the organization or the IRS rather than trying to interpret the complex rules yourself. The $350 donation to ICRC should be deductible on your Schedule A.
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Yuki Ito
ā¢This is really helpful clarification! I've been wondering about this exact issue with several international donations I made last year. When you mention that donations need to go through their US operations - how can you tell if you're donating to the US branch versus the international one? I donated through what I thought was their main website, but now I'm wondering if I accidentally donated to their Swiss operations instead. Is there usually a clear distinction on the donation page, or do most major international organizations automatically route US donations through their domestic operations?
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