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Your friend is experiencing a classic case of what we call "shadow living" in financial counseling. The anxiety and fear creates more problems than the original debt. I've worked with many clients in similar situations. The first step is determining if the debt is still legally collectible. As others mentioned, the IRS generally has 10 years to collect from the assessment date. If your friend hasn't been filing taxes or responding to notices, there's a chance the clock has been running this whole time. One important caution: make sure your friend doesn't suddenly file past-due returns without understanding the implications. Filing can sometimes "restart" certain collection timeframes. This is why getting professional advice is crucial. Also, has your friend checked their credit report? Sometimes you can see if there are active tax liens, which would indicate the debt is still being pursued. This might give them a starting point without directly contacting the IRS.
We actually checked their credit report last week and there's nothing on it about tax liens. Does that mean the debt might be too old to collect? They haven't had any credit cards or loans during this period either, so the report is basically empty.
That's actually a potentially good sign. The IRS stopped putting tax liens on credit reports for the most part after 2018, but if this debt was active and being pursued aggressively before then, you might have expected to see something. The empty credit report aligns with their "off the grid" lifestyle, which ironically might have worked in their favor regarding the statute of limitations. However, this is still not conclusive evidence - they need to get their tax transcripts to know for certain what debts might still be collectible.
Has your friend considered bankruptcy as an option? Some older tax debts can be discharged in bankruptcy if they meet certain criteria: - The taxes are income taxes - The due date for filing the tax return was at least 3 years ago - The tax return was filed at least 2 years ago - The tax assessment was made at least 240 days ago - The taxpayer didn't commit fraud or willful evasion With a 20-year-old tax debt, many of these criteria might already be met. Chapter 7 bankruptcy could potentially wipe out qualifying tax debts completely. Or Chapter 13 could set up an affordable payment plan.
This isn't entirely accurate. If they haven't filed returns for those years, they won't meet the "return filed at least 2 years ago" requirement. The IRS also sometimes files "Substitute for Returns" which don't count as taxpayer-filed returns for bankruptcy purposes. They would need to file proper returns first.
You're absolutely right about the return filing requirement - I should have been more clear. If your friend hasn't filed returns for those tax years, they would need to file them first and then wait two years before the taxes would be eligible for discharge in bankruptcy. The Substitute for Return point is also important. If the IRS filed these on your friend's behalf, they don't count toward making the tax dischargeable - your friend would need to file their own returns to replace these.
Have you received any letters from the IRS requesting additional information? Sometimes they need verification for the dependent claims, especially if this is your first year claiming them or if someone else might have also claimed them (like an ex-spouse). Check your mail carefully!
I haven't received any letters yet. I've claimed both kids for the past 3 years, so it's not a new situation. Their mom and I have a formal agreement about who claims which child each year, so there shouldn't be any conflict there. Should I still be checking for mail from the IRS, or would they have contacted me by now if that was the issue?
If you've claimed the same children for multiple years without issues, it's less likely to be a verification problem. However, the IRS sometimes sends letters requesting information 4-6 weeks after filing, so it could still arrive. Mail from the IRS can also sometimes look like regular mail or get lost, so it's always good to check carefully. But honestly, at this point it sounds more like normal processing delays rather than an information request problem. The IRS processing times really have been significantly longer this year for returns with dependents.
Anyone know if the PATH Act is still delaying refunds with child credits? I remember a few years ago they wouldn't issue refunds before mid-February for anyone claiming certain credits.
The PATH Act is still in effect, but since the original poster filed on March 5th, that wouldn't be causing their delay. The PATH Act prevents the IRS from issuing refunds before mid-February for returns claiming EITC or the Additional Child Tax Credit, but once we're past that date, it shouldn't be a factor anymore.
TurboTax does this for a lot of forms - it's super annoying. I had the same issue with Schedule B even though I had minimal interest. What worked for me was just putting $0 in the required fields and moving on. As long as the amount is accurate (even if it's zero), you're good. Form 8938 is specifically for foreign financial assets, and the IRS wants to know about those accounts even if they didn't generate income. So listing the accounts with $0 interest is actually the right approach.
But doesn't entering all those zeros trigger some kind of flag with the IRS? I've heard that too many zeros can lead to an audit.
That's actually a common misconception. Entering legitimate zeros for amounts that genuinely are zero won't trigger an audit. The IRS is looking for inconsistencies and unreported income, not properly reported zeros. What can raise flags is if you have foreign accounts on an FBAR but don't report them on Form 8938 when required, or vice versa. Consistency across your filings is more important than avoiding zeros.
Has anyone actually read the Form 8938 instructions? It clearly states on page 2 that you only need to report the value of specified foreign financial assets and any income or gains. If there's no income, you still report the asset but can leave the income part blank or put zero. TurboTax is programmed to be super thorough to avoid errors, but sometimes it goes overboard and asks for info that isn't strictly necessary.
Thanks for pointing to the actual instructions - I just checked and you're right. On page 2 it says "report the value of specified foreign financial assets and any income, gain, loss, deduction, or credit..." So reporting the asset with zero income is correct.
What you're describing is textbook tax fraud if they're withholding taxes but not remitting them. Here's what I would do: 1. Email the owner outlining EVERYTHING you've discovered. Be factual, not accusatory. Say something like "I've noticed we don't have a state tax ID and our withholding taxes don't appear to be remitted. Can you clarify our process?" Save this email forever. 2. Start looking for another job immediately. When the audit eventually happens (and it WILL happen), you don't want to be there. 3. File Form 3949-A (tax fraud whistleblower form) with the IRS. You might even be eligible for a whistleblower reward if they collect significant taxes. The misclassification of employees as contractors is the cherry on top. This place sounds like a ticking time bomb.
Is there any protection for whistleblowers in cases like this? I'm worried the owner would know exactly who reported him.
The IRS treats whistleblower reports as confidential and won't disclose your identity during their investigation. That said, if you're in a small business where you're the only one who knows certain details, the owner might figure it out anyway. That's why I suggested documenting your concerns in an email first and looking for another job before filing. This creates both a paper trail showing you tried to address it internally and gives you an exit strategy. The Form 3949-A can be filed anonymously if you want, though providing your contact info can help if they need clarification on anything.
The most urgent issue is misclassification. The IRS is really cracking down on this lately. I accidentally misclassified one employee at my small business and ended up with a $17,400 penalty plus back taxes. Someone advised me to file SS-8 forms for the misclassified workers. Can anyone explain if that's something the manager should do or only the workers themselves?
Form SS-8 (Determination of Worker Status) can be filed by either the worker or the business, but in practice, it's usually filed by workers who believe they've been misclassified. As a manager without ownership, I wouldn't recommend you file these on behalf of others. If workers file SS-8 forms and the IRS determines they were misclassified, the business will need to pay both the employer and employee portions of FICA taxes (the employees can file Form 8919 to only pay their portion of FICA instead of self-employment tax).
Keisha Williams
Has anyone tried the IRS Direct Pay option online instead of mailing checks? I just did this for my quarterly payment and got an immediate confirmation number. Seems way less stressful than worrying about mail delivery.
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Paolo Conti
ā¢I use Direct Pay all the time and its SO much better. You get instant confirmation and can print a receipt. Plus you can schedule payments in advance. No more certified mail costs or wondering if your check is lost! They even send a confirmation email.
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Dylan Cooper
ā¢I'm definitely going to use Direct Pay next time. This stress isn't worth it. Can you set it up to make quarterly estimated payments automatically, or do you have to manually make each payment?
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Amina Diallo
Wait, did you make sure to write your SSN and tax year on the memo line of the check? And did you include a payment voucher? If not, the IRS might not know where to apply the payment and it could take even longer to process. This happened to my uncle and it was a nightmare getting it straightened out.
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Dylan Cooper
ā¢Oh no, I didn't include a payment voucher! I did write my SSN and "2024 taxes" on the memo line though. Will this cause problems? Is there anything I can do now that it's already mailed?
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Sofia Ramirez
ā¢As long as you wrote your SSN and tax year on the memo line, you should be fine. The payment voucher (Form 1040-V) helps streamline processing, but it's not absolutely required if you've included identifying information on the check itself. If you're concerned, you can always call the IRS after about 21 days to confirm they received and properly applied your payment. Having your SSN on the check is the most important part, which you did right!
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