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Something important to remember - the IRS has a 3-year statute of limitations for assessments and a 10-year statute for collections. So depending on how far back your unfiled returns go, there might be different considerations.
Can you explain more about what this means? My unfiled return is just from last year, so does that affect anything?
Since your unfiled return is only from last year, you're well within the 3-year assessment period. This means the IRS has 3 years from the date you file to audit your return and assess additional taxes if they find issues. The 10-year collection statute doesn't start until taxes are assessed, which happens after you file. Once assessed, the IRS has 10 years to collect. For most people with straightforward tax situations and relatively small balances like yours, audits are unlikely. The important thing is just getting current with your filings, which you're planning to do.
Something else to consider - if your helper is truly making less than $15,000, you might want to look into the nanny tax rules which can sometimes apply to small businesses with just one employee. The threshold is pretty low (around $2,400/year), but if they qualify, you can use Schedule H with your personal tax return instead of filing separate business employment tax returns.
Wait, I thought the nanny tax was just for household employees like babysitters and housekeepers? Would that apply to someone helping with my actual business? It's a small woodworking operation if that makes a difference.
You're right - I should have been more clear. The nanny tax specifically applies to household employees, not business employees. For a woodworking business, your helper would be considered a regular employee. In your case, you'll need to follow standard employment tax procedures, including getting an EIN, filing quarterly 941 forms for federal tax withholding, and annual W-2/W-3 forms. Most states also require quarterly unemployment tax filings. Since you mentioned woodworking, make sure you have proper workers' compensation insurance too - it's especially important in trades with injury risks.
Just to add my two cents - I used to pay my part-time helper in cash for my Etsy business and got hit with penalties when the IRS figured it out. If they're making $11-15k, you definitely need to be withholding and paying employment taxes. Has anyone had success with those online payroll services like Gusto or Square Payroll for a super small business? Worth the monthly fee or overkill?
I use Square Payroll for my small business with 2 part-time employees. It's about $35/month plus $5 per employee. Totally worth it IMO. They handle all the tax calculations, filings, and W-2s automatically. You just enter hours and pay rate, and it does everything else. Much better than trying to figure out all the withholding calculations yourself.
I'm a foster parent looking into adoption and have been researching the tax implications. From what I understand, you should definitely file an amended return for the year where the credit incorrectly reduced your AGI. Here's why: 1. The adoption credit is a non-refundable credit that reduces your tax liability, not your income 2. The full amount is reported in year one, but only used up to your tax liability 3. The unused portion carries forward for up to 5 years 4. Each subsequent year, you only report the carryforward amount on Schedule 3 If you don't correct the error, it could cause issues if you're audited since your AGI affects many other tax calculations and credits.
Thanks for the explanation! Would you happen to know which form I need to use to amend last year's return? And do you know if this is something that might trigger an audit?
You'll need to file Form 1040-X to amend your previous return. You'll have to submit it by mail (can't e-file amendments for 2022 returns anymore), and you should include a corrected Form 8839 and any other schedules that were affected by the AGI change. Filing an amended return doesn't automatically trigger an audit. In fact, correcting the error yourself is better than having the IRS discover it later. Make sure to clearly explain in Part III of Form 1040-X that you're correcting an error in how the adoption credit was applied - it was incorrectly used to reduce AGI instead of being properly applied as a credit against tax liability. Just be aware that the higher AGI on your corrected return might affect other income-based calculations, so you may need to adjust other credits or deductions that depend on AGI.
I wonder if ur tax sofrware is the problem?? I used TurboTax last year for my foster-adopt situation and it did everything correct with the adoption credit. Maybe try a different program this year???
I've had good experience with H&R Block software for adoption credits. Their interview process specifically asks about special needs adoptions and walks you through the credit and carryforward process. Might be worth trying if TurboTax gave you issues.
My cousin is an international tax attorney and always says that most people overlook FATCA requirements with foreign inheritances. Make sure you're also looking at whether you need to file Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts) if this counts as a foreign gift exceeding $100,000. The penalties for missing these international reporting requirements can be brutal - like $10,000+ just for missing the filing. Also, France might have already taken inheritance tax depending on your relationship to your father. You might need to look into foreign tax credits if you paid tax in France.
Wait, there's ANOTHER form beyond FBAR and 8938?? How many of these things do we need to file for foreign money? And does the $100,000 threshold apply to inheritances too or just gifts?
Yes, Form 3520 is specifically for reporting large foreign gifts and inheritances exceeding $100,000 from a nonresident alien (like your foreign father). It's separate from the FBAR and Form 8938, which are specifically for reporting the foreign accounts themselves. The $100,000 threshold absolutely applies to inheritances as well as gifts. Many people miss this form because they focus on the FBAR requirements but don't realize gift/inheritance reporting is separate. The penalty for not filing can be 5% of the gift amount per month up to a maximum of 25%, which on your inheritance could be substantial.
Has anyone actually used a specific accountant or firm for this kind of situation? I'm dealing with an inheritance from Greece and would rather just pay someone to handle everything correctly than try to figure it all out myself.
Amelia Dietrich
Something important that hasn't been mentioned - if your CP2000 is related to unreported income (like missing 1099s or K-1s), make sure you check if your state tax return will also be affected. Many states have information sharing with the IRS, and once the IRS assessment is finalized, your state tax authority will likely send a similar notice. Dealing with both simultaneously can be a nightmare. In my experience, the extension request process is pretty straightforward if you call. Just be honest about needing more time to prepare a complete response. The agent will likely ask some basic questions about your situation before approving the extension.
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Alexander Evans
ā¢Thank you for bringing up the state tax issue! I hadn't even considered that. Do you know if I should contact the state tax department now or wait until I resolve things with the IRS first?
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Amelia Dietrich
ā¢In your situation, focus on resolving the federal CP2000 issue first. Most states won't take action until after the IRS assessment is finalized, which gives you some time. Once you've submitted your response to the IRS and have a resolution, then you can be proactive with your state tax department if needed. Just keep copies of all documentation and correspondence with the IRS, as you'll likely need the same information for the state. This approach lets you handle one tax authority at a time rather than juggling both simultaneously.
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Kaiya Rivera
Just an FYI, I worked for the IRS for 11 years as a taxpayer advocate. When calling for an extension on a CP2000 response: 1. Be super polite and respectful regardless of how frustrated you are 2. Have your tax ID number, the notice number, and tax year ready 3. Briefly explain that you need additional time to gather proper documentation 4. Don't overshare or make up excuses - simple and direct works best 5. Ask specifically for how many days of extension they can provide Most agents are reasonable with first-time extension requests, even after the deadline. They're evaluated partly on case resolution, so they'd rather get your documentation than push the case to the next step.
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Katherine Ziminski
ā¢Is it better to call early morning or late afternoon to get through? I've heard conflicting advice about this.
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