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Quick tip about the earliest filing date - while you technically can file as early as January, I'd recommend waiting until at least mid-February for Form 1120-F. The IRS processing systems for international forms sometimes aren't fully updated in January, and filing too early can occasionally result in processing delays or unnecessary notices. I learned this the hard way last year when I filed on January 5th and ended up with a weird processing delay because some systems weren't ready for 2025 filings yet.
Thanks for this info! That's really helpful. Would it be better to wait until March then? Or is mid-February generally safe enough? I'm trying to balance getting it done early vs avoiding problems.
Mid-February is typically safe enough in my experience. By then, the IRS has usually worked out most of the early filing season kinks. March is completely fine too if you're not in a rush. Anytime between mid-February and the April deadline should give you smooth processing. Just make sure if you're filing a protective return that your statement is very clear about your intentions and the legal basis for your position. That clarity is more important than the exact filing date.
Has anyone tried attaching the protective statement as a PDF when e-filing? My tax software is giving me errors when I try to include the protective filing language in the regular form fields, but there's an option to attach a PDF. Will the IRS actually look at attachments?
Yes, attaching a PDF statement works fine! I did this last year. Just make sure you title it clearly like "Form 1120-F Protective Filing Statement" and reference it somewhere in the return itself if possible. The IRS does look at properly labeled attachments.
Have you looked into whether your dad qualifies for an "identity theft" exception? If your sister used the card without proper authorization, it could potentially be reported as not your dad's debt. Though from your description, it sounds like he gave permission, so probably doesn't apply here. Another thing to consider: disability benefits are handled differently depending on whether it's SSDI or SSI. If it's SSI (Supplemental Security Income), the canceled debt could potentially affect benefits since that's needs-based. If it's SSDI (Social Security Disability Insurance), it normally wouldn't affect benefits since they're not income-based.
Thanks for the suggestion. It wasn't identity theft - my dad knowingly let my sister use the card to help her out, so we can't go that route. He's on SSDI, not SSI, so that's somewhat reassuring. I'm still concerned about how this might impact his tax situation though, especially since he's normally not required to file due to low income. Does the 1099-C automatically mean he must file now, even with SSDI being his only income source?
If your dad is only receiving SSDI and is single, he generally wouldn't need to file a tax return unless his total income exceeds the standard deduction (which is $14,600 for 2024 if he's over 65). The 1099-C amount would count toward that threshold. So if his SSDI benefits plus the $8,200 canceled debt amount is less than the standard deduction, he still wouldn't be required to file. However, if it puts him over that threshold, then yes, he would need to file - but should definitely look into the insolvency exception in that case.
Has your father looked into filing Form 8275 (Disclosure Statement) along with the Form 982 for the insolvency exclusion? It allows you to fully explain unusual tax situations to avoid triggering automatic audits. I used it last year when dealing with a complicated 1099-C situation where I needed to explain why the canceled debt shouldn't be treated as income.
Form 8275 seems risky to me. I've heard it's like waving a red flag at the IRS saying "look at me!" Wouldn't it be better to just file Form 982 and only provide additional explanation if they actually question it?
I'm a parent of a 26-year-old with a disability, and we've dealt with the SGA question multiple times. Here's what I've learned: The Social Security Administration and the IRS have different standards for SGA. For the IRS dependent exemption, they're primarily concerned with the support test (do you provide more than half their support?) rather than strictly applying the SSA's SGA limits. In my experience, a brief period of increased work during the holiday season hasn't affected our ability to claim our son as a dependent, especially since his annual income was still low and we continued to provide most of his support throughout the year.
That's interesting! So are you saying the IRS doesn't strictly apply the $1,470 monthly limit that the SSA uses? My daughter has Down syndrome and occasionally works more hours for special events, but we still provide over 90% of her support.
That's right - while the IRS and SSA both use the term "substantial gainful activity," the IRS focuses more on the overall support situation rather than rigidly applying the monthly earnings limit. If you're providing 90% of your daughter's support, you're well within the requirements to claim her as a dependent. The key test for the IRS is whether you provide more than half of your dependent's total support for the year. The SGA question becomes more relevant if they're earning enough that they might be supporting themselves. Even with occasional higher earnings for special events, it sounds like your situation clearly meets the support test.
Anyone know if there are different SGA thresholds for different types of disabilities? My son has a physical disability but is cognitively typical. He worked at Target during the holiday rush but otherwise works minimal hours the rest of the year.
There are different SGA thresholds for blind individuals versus non-blind individuals with disabilities. In 2023, the threshold was $2,460 per month for blind individuals and $1,470 for non-blind. Doesn't matter what type of disability otherwise - physical, cognitive, etc all fall under the same threshold as long as they're not blind.
There's actually a term for these shady preparers - they're called "ghost preparers" and the IRS has been warning about them for years. They often don't sign the returns they prepare (illegal), promise huge refunds based on fake information, and then disappear when the IRS comes calling. They target social media because they can reach lots of people quickly and disappear just as fast. Some red flags to watch for: - Promises of unusually large refunds - Fees based on percentage of your refund (illegal) - Won't sign the return as a preparer - No PTIN (Preparer Tax Identification Number) - No office address, just social media accounts - Suggesting you claim credits you don't qualify for
Do these ghost preparers ever get caught? Seems like they're scamming a lot of people and the IRS should be all over this.
Yes, the IRS does prosecute these preparers when they catch them, but it's challenging because many operate informally through social media and don't leave much of a paper trail. They often use temporary contact information, prepaid phones, and don't properly sign returns as preparers. The IRS has been conducting a nationwide crackdown on fraudulent preparers, with some high-profile prosecutions resulting in prison time and heavy fines. However, they can't catch everyone, which is why they focus on educating taxpayers about the risks. Remember, even if a preparer completes your return, YOU are legally responsible for all information on it and any resulting penalties.
Just wanted to add one thing - some of these large refunds could be legitimate if the person qualifies for refundable tax credits like the Earned Income Tax Credit (EITC). With multiple children and the right income level, the EITC can be worth thousands. The Child Tax Credit is also partially refundable. So not all big refunds are scams!
Zara Shah
One thing nobody's mentioned is that the IRS has certain time limits on how far back they can go to collect. Generally they have 10 years from the date of assessment to collect taxes. But they can't assess taxes until you file! If you never file, the statute of limitations never starts running. So technically they could come after you for taxes from 20 years ago if you never filed. That's why filing late is almost always better than not filing at all - at least the clock starts ticking. Some people think "if I just wait long enough they'll forget about me" but that's not how the IRS works. Their computer systems flag non-filers automatically and eventually you'll get notices.
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NebulaNomad
ā¢So when they say "voluntary tax system" that's basically BS right? Like they WILL come after you eventually? I always thought it was more like "we hope you'll pay but if you don't we might not notice" lol.
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Zara Shah
ā¢Voluntary tax" system means'you re expected to calculate and report your own taxes correctly without the government doing it for you first. It'doesn t mean taxes are optional! The IRS receives information from banks, employers, payment processors, etc., and their systems automatically match that information against filed returns. If you'haven t filed but they have records of your (income like 1099s from clients or bank)deposits , their automated systems will eventually flag your account for non-filing. Sometimes it takes years if'you re not on their radar, but digital records have made it much easier for them to catch non-filers. And once they do notice, they can go back indefinitely for unfiledyears.
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Luca Ferrari
Has anyone used TurboTax or something similar to file back taxes? I'm in a similar situation (2 years unfiled) and wondering if I can just DIY this without paying an accountant thousands of dollars. The penalties are gonna be bad enough already.
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Nia Wilson
ā¢I used FreeTaxUSA for 3 years of back taxes last year. Way cheaper than TurboTax and they keep prior year versions available. You just have to print and mail them in since you can't e-file prior years. Make sure you send them certified mail so you have proof of when you filed. Took about 9 weeks to process each return.
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