I talked to 3 different IRS Employees today
My combined wait time for all 3 calls was less than 30 minutes
All 3 Employees were polite, responsive and helpful, which for me to say is high praise.
Thank You
No, I didn't have to do either. I had to provide Business Name, EIN, IRS Letter number plus a few other details plus a copy of the IRS letter.
The letter code had to be on the dropdown list!
Run! If you offer advice on this at all it could constitute beyond tax advice into legal advice, and you definitely don't want that kind of risk exposure. I doubt your E&O or malpractice insurance would cover you.
No matter the attractiveness of fees or having off-season additional work, imho this client is NOT worth the risk.
I'd run. Having compassion for their plight, nevertheless I'd still run). Even if it is possible to form an LLC in Mexico, there will likely be legal complications and reporting. In the end, when it blows up, all fingers will point back to you since you provided the advice (even if you didn't, you'll probably still be blamed).
Since the child lived with both parents, he/she is a qualifying of both parents. The HOH, CTC, and EIC can not be split between the parents. All benefits need to go with either Mother or Father. It doesn't need to be the one with higher income as long as they agree. See Rule 9 in Pub 596 for more detail.
I limit to some sort of written format when asking for or giving assistance. Verbal assistance has no audit trail and no "standing" if relied on or challenged. For a phone call, you may as well be talking to anyone you randomly dial (unless there is something direct the person can do for you such as send a document).
You need a signed response letter from your client.
This is the online equivalent of faxing in a signed response letter plus attachments.
At first, I asked myself, "Is this an improvement?"
After thinking about it,"Yes it is because the uploaded file is cross referenced with a business name, an EIN and a letter number."
Previously an IRS employee would have entered that information manually.
Moving forward one step at a time
For the most part, I've always been happy with interactions with IRS employees. I find them much more helpful than companies that send your calls to India. I hung up on a call to Comcast recently as the language barrier was too much for them to even understand what I was asking.
I don't know if this will work, but it is worth a try, I did this for a different form that wasn't transcribed and it worked.
Call the IRS Business and Specialty Tax Line 800-829-4933 and have a 2848 ready to fax.
For description, Line 3, use for description "Election by small business"
Be sure to check the box on Line 4 "Specific us not recorded ....)
Ask them if you can get a copy of the 2553
and - keep your fingers crossed
Good luck!
After I uploaded my response I received the following acknowledgement:
"Your documents have been successfully uploaded. You may be contacted at a future date regarding your response.
The current time is: Wed Aug 09 2023 13:21:48 GMT-0700 (Pacific Daylight Time)"
Would not touch professionally or personally (as personal actions often bite us professionally).
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The anchor baby can likely qualify for some sort of insurance, depending on locality.
Terribly tough moral dilemma for sure. Easy to fall in line with the laws of the land. Tougher to live and let live. While higher in consequence, no different than ignore/report of: unlicensed business, neighbors breaking CCR's or local ordinances, etc.
I hear the cost of documents is nearly unchanged since the 80's.
This is one of the more interesting aspects of our society.
There are millions of employees in this country working with fake ID and invalid social security numbers.
Both our federal and state governments happily accept the taxes withheld from these paychecks and employers suffer little or no penalty.
Who do you think, picks our fruit and vegetables, works in our meatpacking plants, cleans our hotel rooms, and maintains our yards?
Very few Americans will do this work.