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Based on my experience settling my cousin's estate, you absolutely need a tax professional who specializes in estates with tax problems. I'd recommend looking for an Enrolled Agent rather than a CPA - they often charge less but have specific expertise in dealing with the IRS. You should find someone in the deceased's state since they'll be familiar with both the state tax laws and potentially have relationships with the local IRS office. Most work can be done remotely, but having someone who understands the local requirements is invaluable. One thing nobody mentioned - if the estate doesn't have enough liquid assets to pay the tax debt, you might qualify for an Offer in Compromise specifically for estates. An EA can help determine if that's feasible given your situation.
Thanks for this advice. I've been looking at professionals online, but wasn't sure about the CPA vs EA distinction. Do you know if there's a national directory specifically for EAs who specialize in estate tax issues?
The National Association of Enrolled Agents (NAEA) has a directory on their website where you can search by specialty, including estate and trust taxation. Just go to the NAEA website and look for their "Find an EA" feature. I'd also recommend calling a few estate attorneys in the deceased's city - they typically work closely with tax specialists who handle complex estate matters and can make solid recommendations. When you talk to potential EAs, specifically ask about their experience with unfiled returns and IRS collections for deceased taxpayers, as this is a specialized area.
One warning from my own experience - do NOT file any tax returns yet until you get the transcripts and understand what the IRS already has on record! I made this mistake with my father's estate and created a huge mess. Get Form 56 filed first to establish your authority, then get the account transcripts which will show assessments and balances. Also request the wage and income transcripts which show all income reported to the IRS on forms like W-2, 1099, etc. If the IRS has already made assessments (called Substitute for Returns), filing returns without understanding what they've already processed can create duplicate assessments or conflicting information that takes forever to resolve. You mentioned liens - check the exact type of lien. If it's a "Notice of Federal Tax Lien," that's public and affects property sales. If it's just a "Notice of Intent to Lien," you might still have time to request a Collection Due Process hearing.
What's the difference between account transcripts and wage/income transcripts? Aren't they the same thing?
I went through this exact thing! What state are you in? In my case (NC), they wanted proof that I had made my quarterly payments because their system showed I claimed credit for them on my return but they had no record of receiving them. Turns out my accountant had mistyped my SSN on ONE of the quarterly payment vouchers so it got credited to someone else's account!
I'm in Maryland. And wow, that's exactly what I'm worried about! I do my own taxes with software but I'm not the most organized person. Did you have to provide actual payment records or did they eventually find the payment with the wrong SSN?
They eventually found the payment under the incorrect SSN, but it took about 3 weeks and I had to provide
This might sound silly but are you sure it's a legitimate letter? Scammers are getting more sophisticated with tax-related cons. Check the phone number on the letter against the official state tax department number on their website (not the one in the letter). My brother got a very official looking "state tax" letter that turned out to be completely fake.
THIS!!! I almost fell for something similar. The letter had all the right logos and everything. Called the actual department and they confirmed they hadn't sent anything. Scary how good these scams are getting.
That's a good point! I checked and it does seem legitimate - has all the official letterhead and the return address matches what's on their official website. I also logged into my state tax account and there's a notice there too mentioning documentation needed. But thanks for the warning - probably saved someone else from falling for a scam!
One thing nobody's mentioned yet is contacting your Congressional representative's office. I had a nightmare situation with the IRS last year that dragged on for 8 months with no resolution despite sending in documentation multiple times. I finally contacted my Congressman's office and explained the situation. They have staff specifically dedicated to helping constituents with federal agency issues. I filled out a privacy release form, and within THREE WEEKS, the IRS had processed my documentation and resolved the issue. Congressional offices have special channels to IRS Taxpayer Advocate offices that can cut through red tape. Don't underestimate how effective this approach can be when you've tried everything else!
That's a great suggestion I hadn't thought of! Did you just call your representative's local office? Was there a specific person or department you asked for? I'm willing to try anything at this point.
Yes, I called my rep's local district office (not their DC office). Just ask to speak with the caseworker who handles IRS issues. Every congressional office has staff dedicated to constituent services. They'll email you a privacy release form that you need to sign and return, which gives them permission to inquire about your case. Make sure you provide them with copies of all the correspondence you've had with the IRS so far, including your notice numbers and any reference numbers. The magic happens because congressional inquiries go to a special unit at the IRS that is much more responsive than regular channels. They have to provide updates to congressional offices, so things suddenly start moving much faster.
Has anyone tried using the IRS's online account features to resolve these types of issues? I set up an online account on IRS.gov recently and was shocked to find I could see all my notices, tax records, and even upload documents directly through the portal rather than mailing them. I'm wondering if uploading documents this way is more reliable than sending them through the mail where they seem to get lost in the void.
I've used the online account system and while it's good for viewing your tax records and making payments, I found the document upload feature to be hit or miss. I uploaded documentation for an issue similar to OP's, and there was no confirmation that anyone had reviewed it or that it was attached to my case. I ended up having to mail in physical copies anyway after calling and finding out the uploaded documents weren't associated with my specific case/notice. The system needs a lot of improvement.
Thanks for sharing your experience. That's disappointing to hear. I was hoping the online system would be more efficient, but sounds like it has the same problems as mailing documents. Did you at least get some kind of upload confirmation when you submitted the documents, or was it completely unclear if they were received at all?
One thing to watch out for with multiple jobs in the same year: Social Security tax withholding. Each employer will withhold 6.2% for Social Security up to the annual wage base limit ($147,000 in 2022), but they don't know what another employer already withheld. If your combined income from both jobs exceeds the wage base limit, you might have excess Social Security tax withheld. The good news is you'll get this back when you file your return. Just something to be aware of when looking at your YTD totals.
Oh that's really interesting and not something I had considered! My combined income won't be anywhere near that limit this year, but good to know for the future. Are there any other deductions that might work this way when you have multiple employers?
Medicare withholding is different - there's no wage base limit for the standard 1.45% Medicare tax, so that continues regardless of how much you earn. However, there is an Additional Medicare Tax of 0.9% that kicks in when your income exceeds $200,000, which can also be overwithheld with multiple employers since each employer starts withholding this when your wages with them exceed $200,000. State unemployment insurance contributions might also have wage bases that work similarly to Social Security, where you could have excess withholding with multiple employers. This varies by state though, so you'd need to check your specific state's rules.
I recommend getting an account on the IRS website to track your withholding. You can see what each employer has reported for your quarterly tax payments. Super helpful when you've had multiple jobs!
I've heard about this but haven't tried it. Is it the same as creating an account on irs.gov? Is it easy to set up? I've had three W-2 jobs this year plus some freelance work and I'm worried about keeping track of everything.
Isabella Costa
A quick tip that helped me with a similar issue - request your "Account Transcripts" directly from the IRS before filing any amendments. These will show how your business is classified in their system. You can get these online through the IRS website by creating an account at https://www.irs.gov/payments/view-your-tax-account. The transcript will show if you're on record as an S-corp or LLC, which helps confirm whether your election was properly processed. This saved me a ton of headache because I could prove to my new accountant that the S-corp election was in the IRS system even though my old preparer had been filing incorrectly.
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Ravi Malhotra
ā¢Does anyone know if the transcripts also show if you've been assessed penalties for filing under the wrong business type? Or would those just appear as general penalties without specifying the reason?
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Isabella Costa
ā¢The account transcripts generally don't specify the exact reason for penalties, they just show the penalty amount, code, and date assessed. However, you would see if there were any penalties at all, which might help you understand the full financial impact of the incorrect filings. If you need to know specifically why a penalty was assessed, you would need to request a call with the IRS (Claimyr mentioned above can help with this) or request a detailed explanation of penalties in writing, which takes much longer to receive.
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Freya Christensen
Quick warning based on personal experience - when you amend from LLC to S-corp returns, make sure your new preparer correctly handles any state tax implications too. I fixed my federal returns but completely overlooked that my state returns also needed to be amended to match the corrected filing status. Ended up with a mess at the state level when they couldn't reconcile my federal and state filings. Some states also have different rules for S-corps vs LLCs, so you might have overpaid state taxes too that could be refundable.
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