This is really good advice, thanks! The letter does mention a 90-day period to respond. Do you know if we need to use any specific forms when sending the documentation? Or just include a letter explaining everything with copies of the supporting documents?

For a notice of deficiency, he should definitely include a written letter that references the notice number (should be in the top right corner of what they sent). No specific form is needed, but make sure he includes his social, the tax year in question, and contact info. I'd organize everything super clearly - like "Regarding item 1 on the notice, here are documents A, B, C that prove..." Makes it easier for whoever reviews it. And yeah, certified mail with return receipt is absolutely essential. My cousin learned that lesson the hard way.

They actually do have increased enforcement funding from the Inflation Reduction Act, so they've been ramping up enforcement activities. They're supposed to be targeting high-income taxpayers, but seems like everyone's getting caught in the net.

What exactly counts as an SSTB? I'm working as a 1099 consultant in healthcare tech... not direct patient care, but developing software for medical practices. Would that be considered an SSTB?

Healthcare is generally considered an SSTB, but the rules have some nuance when it comes to tech that supports healthcare. If your work is developing software that directly relates to the provision of healthcare services, it might be considered an SSTB. However, if your software is more administrative or could be used across multiple industries but happens to be used in healthcare, you might not fall under SSTB rules. The distinction matters a lot for QBI since SSTBs have stricter phase-out thresholds. I'd recommend getting a professional opinion on your specific situation since the classification can significantly impact your tax liability. The IRS has issued some guidance on this, but there are still many gray areas, especially in tech-related fields that support traditional SSTB industries.

Did the amended return trigger any issues with the IRS? I'm in a similar boat and worried about red flags if I file an amendment.

Thank you for this suggestion! I had no idea VITA existed. Do they have income limits? And will they still help even if I'm missing some of my documents?

Yes, VITA does have income limits - generally they serve people making under $60,000, but exact limits can vary by location. Since you mentioned making around $28k-$32k, you should definitely qualify. They absolutely will help if you're missing documents! That's a super common situation. The VITA volunteers can help you determine what's missing and can show you how to request wage transcripts from the IRS that will have all your W-2 information. They deal with this situation regularly and won't make you feel bad about it. Just be upfront about your situation when you make the appointment so they can schedule enough time to help you.

Not an audit exactly, but I did get CP59 notices (failure to file notices) for 2 years I missed. The IRS doesn't usually do full audits just for not filing - they send notices first. Your sister should respond ASAP though. The longer she waits, the worse it gets. If she can't pay what she owes, she should still file and then request a payment plan. The penalty for not filing is 10x higher than the penalty for not paying.

Thanks for the info about the 30-day deadline! I think I'm still within that window. How exactly do I get the tax account transcript you mentioned? Does it show specifically which documents they accepted vs. rejected?

You can get your tax account transcript by going to IRS.gov and searching for "Get Transcript Online." You'll need to create an account if you don't already have one. The verification process is pretty strict - you'll need a credit card, mortgage, or loan account number plus a mobile phone in your name. The transcript won't explicitly state which documents were accepted or rejected, but it will show the specific adjustments they made to your return. Look for codes like "420" (examination/audit), "300" (additional tax assessed), or "290" (additional tax assessed after examination). The amounts next to these codes show exactly what changed. The transcript is super helpful because it gives you the exact dollar amounts they adjusted, which helps you understand which credits or deductions were disallowed. That way, you know exactly what documentation to focus on for your reconsideration.

This is important advice! I learned this lesson the hard way too. Also make copies of EVERYTHING you send them, including your cover letter requesting reconsideration. They lose stuff all the time and you need proof of what you submitted and when.

That's interesting! So there might be a way I could still file as Head of Household? Do you know if there are any risks to using this approach with an expired ITIN? Would I need to attach additional forms?

The Head of Household status would only be available if you meet certain requirements - generally having a qualifying dependent (like a child) living with you and providing more than half their support. If you choose to treat your nonresident alien spouse as a resident alien, you'd both need to file using Married Filing Jointly, not Head of Household. This requires submitting a statement with your return and both spouses signing it. The risk is that your husband would then be taxed on his worldwide income, not just US income. If you don't make this election, then Married Filing Separately is usually the correct status, and you can use his expired ITIN without issue. You might want to include a brief statement explaining the ITIN situation with your return.

That's not completely accurate. ITINs issued before 2013 have been expiring on a rolling schedule regardless of use. ITINs with middle digits 70-87 expired in 2019 and middle digits 88-92 expired in 2020. Middle digits 93-99 expired in 2021.

Thanks for the correction! You're right about the rolling expiration schedule for older ITINs. I forgot about that policy. If the OP's husband got his ITIN recently (within the last 10 years), then it would only expire after 3 years of non-use on a tax return. If it's an older one, it might have expired based on those middle digit schedules regardless of use. The IRS sent notices about those expirations, but if he's abroad, he might have missed them.