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Rita Jacobs

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Just to add to what others have said - there's another important detail about the BE-12 survey that might apply to your brother's situation. If the foreign person acquired their ownership interest AFTER the benchmark survey year ended, they might not need to file for that particular survey. For example, if your brother acquired his 15% stake in 2023, after the 2022 benchmark year ended, he wouldn't be subject to the 2022 BE-12 survey requirements. He would, however, need to be included in the next benchmark survey (2027 for fiscal year 2027) or potentially in other BEA surveys in between.

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Harold Oh

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Thanks for pointing this out! My brother actually bought his shares in mid-2021, so it sounds like the 2022 survey period would definitely apply to his investment. Do you know if there's any grace period or process for late filing if he missed the deadline?

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Rita Jacobs

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If your brother bought his shares in mid-2021, then yes, his ownership would need to be reported in the 2022 benchmark survey. Regarding late filing, the BEA does have a process for this. They generally encourage companies to file even if they've missed the deadline. While there are potential civil penalties for failing to file (up to $48,000), the BEA typically works with businesses to get the information rather than immediately imposing fines. Your brother should contact the company and encourage them to file as soon as possible, explaining it's better to file late than not at all. The company can also reach out to the BEA directly to explain the situation and their intention to file.

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Khalid Howes

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Quick question - does anyone know if this BE-12 requirement applies if the foreign investment was made through an LLC rather than directly as an individual? My cousin from Canada set up an LLC in Delaware and then that LLC invested in a US C-Corp. Not sure if that changes anything with these filing requirements.

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Ben Cooper

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From my understanding, the structure you're describing doesn't exempt your cousin from these requirements. The BEA looks at the ultimate beneficial owner when determining foreign investment. If a foreign person owns an LLC that then invests in a C-Corp, the foreign ownership "passes through" the LLC for purposes of the BE-12 survey.

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Joshua Wood

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There's actually another option no one's mentioned yet. If it's just a 1099-INT for $325, the extra tax is probably small. The IRS has a system called CP2000 where they match documents reported to them against what you reported. If they catch the mismatch (which they likely will), they'll send you a notice proposing additional tax. You can just pay that amount when it comes rather than going through the amended return process.

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Justin Evans

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I wouldn't recommend waiting for a CP2000. They add penalties and interest from the original due date, and it could affect your credit if you don't respond promptly. Also looks bad if you're ever audited in the future since it shows a pattern of underreporting.

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Joshua Wood

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That's a fair point about the penalties and interest. I should have mentioned those potential costs. The penalties would likely be small on such a small amount of unreported income, but they do exist. You're right that responding to a CP2000 notice could be more stressful than just filing an amendment proactively. And while a single CP2000 notice doesn't automatically trigger an audit, multiple reporting discrepancies could potentially increase your chances of scrutiny in the future.

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Emily Parker

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Curious - does anyone know if you can just call the IRS directly and tell them about the mistake? Seems easier than filing a whole amended return for such a small amount.

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Ezra Collins

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No, they won't just "note your account" or anything like that. You need to file the 1040-X amendment. They're very specific about following proper procedures for corrections.

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Tyrone Hill

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I've been filing taxes for 20+ years and have only been audited once, despite being self-employed the entire time. It was actually not nearly as scary as I expected. They just wanted documentation for some larger business expenses, which I provided, and that was the end of it. No penalties, no additional taxes owed. The audit rate really is low for most people. Where you get into higher risk is if you have unusually large deductions compared to your income level, or if your business is primarily cash-based, or if you have unusually high charitable contributions.

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Do you think it's worth paying for audit protection when using tax software? I always skip it because it seems like a waste of money given the low audit rates, but then I worry I'm being penny-wise and pound-foolish.

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Tyrone Hill

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I personally don't think audit protection is worth it for most people. The services typically just offer to provide representation if you're audited, not to pay any additional taxes or penalties found to be owed. If you're keeping good records and not trying to push the boundaries with questionable deductions, you can usually handle a correspondence audit (the most common type) on your own by simply providing the requested documentation. I'd rather put that money toward a good bookkeeping system that helps me maintain proper records throughout the year.

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Does anyone know if the 1% audit rate applies the same across all filing statuses? Like is there a difference between married filing jointly vs single filers? I'm recently divorced and filing single for the first time in 10 years, wondering if that increases my risk at all.

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Filing status itself doesn't significantly impact audit rates. What matters more is your income level, sources of income, and deductions claimed. A change in filing status might cause a letter if there's a discrepancy in reporting between you and your ex-spouse regarding dependents or shared deductions, but it doesn't inherently increase audit risk.

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I just want to clear up a common misunderstanding. The Social Security Administration and IRS are separate agencies but they do share information. Here's what happens with name changes: 1) You apply to SSA for name change 2) SSA processes your application 3) SSA issues new card 4) SSA updates their database 5) The IRS periodically receives updates from SSA Until all those steps are complete, the IRS will reject tax returns with your new name. Most important thing is to be consistent - use the name that matches your current Social Security card when filing taxes.

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So how long does it typically take for the IRS to get the updated info from SSA after you get your new card? Is it immediate or is there like a delay of weeks/months?

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It's usually not immediate. The SSA and IRS data synchronization typically happens within 2 weeks after your new card is issued, but in some cases it can take up to a month. However, you don't need to worry about the exact timing. Once you receive your new Social Security card with your updated name, that's your confirmation that the change is official with the SSA. For any tax filings after that point, you should use your new name as it appears on your card.

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Ava Thompson

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I work at H&R Block and see this all the time. File with whatever name is on your Social Security card RIGHT NOW. If your card still has your maiden name, use that even if you've already applied for a change. The IRS compares the name/SSN combo against the Social Security database during e-filing, and if they don't match exactly, your return gets rejected.

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CyberSiren

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Is there any way around this? Like can she file a paper return with her married name instead of electronic filing? My sister had a similar issue.

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Your brother should also check if he's eligible for the Earned Income Tax Credit even with such low income. Sometimes you can actually get money back even if you don't owe any taxes. Might be worth looking into!

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Sophia Long

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Thanks for this suggestion! I'll definitely let him know about the EITC. Do you know what the minimum income requirement is to qualify? And would it matter that it's gig work rather than W-2 employment?

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For the 2024 tax year (filing in 2025), a single person with no children needs at least $1 of earned income but cannot exceed around $17,640 to qualify for EITC. Yes, self-employment income (like from Doordash) does count as earned income for EITC purposes. The issue is that with only $230 in income, the credit would be very small, but still worth claiming if eligible.

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Ella Lewis

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I'm really confused by all this tax stuff... If your brother is broke with health issues and only made $230 all year, why even bother filing taxes at all? Isn't there some minimum before you need to file? Sorry if this is a stupid question, I'm just learning about taxes.

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Not a stupid question! There is a filing threshold. For self-employment income like Doordash, you need to file if you made $400 or more. Since the brother made less than that ($230), he technically isn't required to file a tax return at all unless he has other reasons to file.

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