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Just to add another perspective - I'm an enrolled agent and deal with this frequently. The PTIN requirement is clear cut: if you're being paid to e-file forms, you need one. But there's more to consider: 1) Getting an EFIN requires fingerprinting and a background check 2) You'll need professional tax software with e-filing capabilities 3) You're taking on liability for the accuracy of what you submit, even if the client prepared it 4) There are annual continuing education requirements to maintain your status If you're just looking to make a few bucks helping people e-file extensions, the compliance requirements might make it not worth your while.
Thanks for this detailed breakdown! I didn't realize getting an EFIN was so involved. Do you know roughly how long the whole process takes from applying for a PTIN to getting approved for e-filing?
Getting a PTIN is pretty quick - usually just a few days if there are no issues with your application. The EFIN process is much longer. After you submit the application, get fingerprinted, and complete the background check, it typically takes 45-60 days for approval. So if you're thinking about offering this service for the upcoming tax season, you should start the application process immediately. And remember that you'll need to renew your PTIN annually, which means additional fees. The EFIN doesn't need annual renewal, but you do need to keep your information updated with the IRS.
Everyone's talking about the PTIN, but another option is to become an Electronic Return Originator (ERO) and partner with a tax professional who has a PTIN. Some software platforms allow this arrangement where the PTIN holder reviews and "signs" the submission while you handle the client relationship and data entry as the ERO.
This is misleading. An ERO still needs an EFIN from the IRS, which requires background checks and compliance with IRS e-file regulations. You can't just "become" an ERO without going through the proper channels. And for the PTIN holder, they're still taking on liability for returns they "sign" - most professionals won't do this unless they're properly compensated and have reviewed everything.
You're right, I should have been clearer. Yes, you still need an EFIN to be an ERO, which requires the background check and application process. What I was trying to say is that there are partnership arrangements where one person has the client relationship and another has the PTIN, working together to provide the service. It's definitely not a shortcut around IRS requirements - just a different business model. Thanks for the correction!
One thing I learned creating our company WISP that might help - start by listing all the types of sensitive information your brother's construction business actually collects and stores. For example: - Client contact info and property details - Employee SSNs and banking info for payroll - Vendor account information - Financial records and tax documents - Any building plans or proprietary designs Then for each type, document HOW that information is protected. This approach makes it much more practical and focused than trying to follow a generic template.
This is exactly the kind of practical advice I needed! I've been overthinking the whole process. So if I understand correctly, I should focus on the actual sensitive data they handle rather than trying to address every possible scenario in those massive templates? Should I also describe their current password policies for their systems?
Yes, that's exactly right! Focus on the actual data they handle, not theoretical scenarios that don't apply to them. A practical WISP is much more useful than a comprehensive one that includes irrelevant sections. Definitely include current password policies for all systems that store sensitive information. Document how often passwords must be changed, minimum requirements (length, special characters, etc.), and who has access to what systems. Also include any multi-factor authentication if they use it, procedures for removing access when employees leave, and any training provided about data security. These practical elements show they're actually implementing security measures, not just documenting theoretical policies.
can someone explain what WISP even stands for? my sister in law mentioned needing one for her therapy practice but i dont get what it is or why its needed...is it just another gov't thing to make small business life harder?
WISP stands for Written Information Security Program. It's basically a document that outlines how a business protects sensitive information like customer data, employee records, and financial information.
thanks! so its about data protection? is this something all small businesses need now or just certain types?
Has anyone tried just showing up at their old workplace and asking for it in person? I did this last year and they printed it right on the spot for me. Awkward for 5 minutes but then it was done.
That's actually not a bad idea if they're local! My old job was cool about it. The HR lady even apologized and said a bunch got lost in the mail. Way better than waiting on hold with the IRS.
Don't forget that if your employer truly never sends your W-2, and you file using Form 4852 as a substitute, you should keep records of all your attempts to get the W-2. Email them, call them, send a certified letter requesting it. If you end up having to use the substitute form, the IRS might contact your employer to verify the information, and having documentation that you tried to resolve it properly will help your case if there are any discrepancies.
This is great advice, thank you! I'll start keeping track of my attempts to get it. Do you think a simple log with dates and times of calls would be sufficient, or should I be sending emails so I have written proof?
Email is definitely better because it gives you a clear paper trail. Send a polite email to HR or payroll requesting your W-2, mentioning that you haven't received it yet and the January 31st deadline has passed. If you call, follow up with an email summarizing the call ("As we discussed on the phone today..."). For extra protection, if they don't respond to regular emails after a week, send a certified letter with return receipt. This proves they received your request. The IRS takes this stuff seriously, and if your employer is systematically failing to provide W-2s, your documentation could help with any potential investigation.
Just want to add some practical perspective as someone who dealt with Section 965 issues. The constitutional challenges people mention are mostly about the retroactive nature of the tax - it essentially changed the rules after the fact for earnings that had accumulated over decades. Technically, it works by adding previously untaxed foreign earnings to your Subpart F income, making it an "addition to income" mechanically. But the intent and effect was to tax foreign earnings that had been deferred, which is why it's called a "repatriation tax" - it removes the tax benefit of keeping money offshore. For smaller shareholders, there are some deductions and lower rates that can apply. Don't try to navigate this alone - get professional help because the reporting can be very complicated.
Are there any special forms I need to file if Section 965 applies to me? My tax software doesn't seem to have anything specific about this.
Yes, there are specific forms and worksheets required. You'll need to file Form 965 along with your tax return, and potentially several schedules that go with it. Most consumer tax software doesn't handle Section 965 calculations well, which is why professional help is recommended. The IRS also requires a Section 965 Transition Tax Statement to be attached to your return. Additionally, if you elected to pay the tax over installments (which was an option when the law first passed), there's ongoing reporting for that as well. If you're using consumer tax software, this is one area where it might not have the capabilities to properly guide you through the complex requirements.
For anyone still confused about the "addition to income" vs "repatriation tax" question - here's a simple way to think about it: Method: Section 965 works by ADDING previously untaxed foreign earnings to your income (technically to Subpart F income). Effect: This functions as a REPATRIATION tax because it accomplishes what bringing the money back to the US would do tax-wise, without requiring actual movement of funds. So both descriptions are accurate - it's an addition to income that creates a repatriation tax effect. The controversy isn't really about which term is more accurate but about whether it's fair to retroactively change tax treatment of earnings that were legally deferred under previous law.
TommyKapitz
Regarding your TurboTax question - I switched from TurboTax to FreeTaxUSA three years ago and never looked back. They handle all investment stuff including capital gains, dividends, etc., for their basic price ($0 federal, around $15 state). I had about $22k in capital gains last year plus various dividends and interest, and FreeTaxUSA handled it all perfectly. TurboTax's "premium" requirements are mostly artificial paywalls they create to force you into higher tiers. Most tax situations including investments can be handled by much cheaper alternatives.
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Abby Marshall
ā¢Has anyone done a side-by-side comparison? I'm nervous about missing something if I switch away from TurboTax since they have all my historical data.
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TommyKapitz
ā¢I actually did run both TurboTax and FreeTaxUSA side by side the first year I switched, and they came up with identical refund amounts. The only real difference was the interface - TurboTax looks fancier but FreeTaxUSA gets the job done. You can always download your tax return PDFs from previous years and have those for reference. You'll need to manually enter some basic info the first time you use a new service, but after that initial setup, it's smooth sailing. The hundreds of dollars I've saved over the past few years has definitely been worth the small hassle of switching.
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Angel Campbell
Don't forget to check your state tax rules too! Some states have different capital gains treatment than federal. For example, my state offers a capital gains deduction for certain in-state investments that I completely missed the first time I filed with investment income.
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Payton Black
ā¢This is great advice! I'm in Massachusetts and discovered they have special rules for capital gains on collectibles that are different from federal. Almost missed it until my accountant caught it.
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