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Both spouses have to file 709s when gifts are split. There really is no reason to split gifts anymore because the lifetime gift/estate tax exemptions are so high. It just creates extra paperwork. Form 709 cannot be efiled.

You're NOT filing an inaccurate return. You're reporting what the biz did last year. Not what it should've done, because it didn't do what it should've done. The BIZ was not accurately following the regulations for an S-corp if it wasn't paying reasonable compensation. Circ 230 tells us to explain to the client what they did wrong and the consequences. We do NOT have to repair their prior acts, unless they engage use to do so.

Paying SE tax on a "draw" is filing an inaccurate return

I just hope this will not be like when CCH took over ATX

You see this is why I throw stuff out there to my colleagues. Something about my plan bothered me. I didn't think about the bank account being in the corps name and that in and of itself says not a good idea and can't do it. I am not one to do anything creative or imaginative return preparation. I did advise the client of their non-compliance to cover me. I have prepared the 2022 return and have been questioning transmitting the return knowing full well the non-compliance. Almost like I am filing an inaccurate return on purpose.

Yes, creative accounting and imaginative return preparation is not "due diligence" I would write a CYA letter advising this client of their noncompliance with the IRS "reasonable compensation" requirements.

Maybe, or you could just as easily get an agent that told me this years ago: "It only proves that an envelope was mailed and received, not its contents."

That's no longer true. It was a legit email and there was a notice for me to download. I may have opted for this on my account.

"The IRS never initiates contact with taxpayers by email, text or social media regarding a bill or tax refund. As a reminder: Never click on any unsolicited communication claiming to be the IRS as it may surreptitiously load malware." Jul 3, 2023 I WOULD'T OPEN IT

Boiled down from the article: The taxpayer's check goes to a lockbox of IRS-contracted banks that converts it to an ACH payment by means of electronic image and data file. IRS proper doesn’t receive the paper tax returns or the payment checks. The taxpayer's bank also settles electronically using only routing and account numbers, so the taxpayer's bank never receives a digital or physical copy of the check. There is no canceled check to use as evidence.

"Drake Software ("Drake" or the "Company"), a provider of comprehensive professional tax preparation software, today announced that Dermot Halpin has joined as Executive Chair. The appointment follows the completion of the acquisition of TaxAct, a leading provider of digital, do-it-yourself ("DIY") tax filing assistance software and services, and the combination of TaxAct with Drake under a single holding company. Mr. Halpin brings significant leadership experience building and scaling high-growth consumer marketplace platforms. Throughout his career he has led businesses operating worldwide, and previously held senior leadership positions including President of Attractions and Vacation Rentals at TripAdvisor and President of Europe, Middle East and Africa at Expedia. He currently serves as a non-executive Director at Datalex. Datalex is a public software developer headquartered in Dublin, Ireland. It works mostly with airlines to develop travel software, such as booking websites." So the Executive Chair of Taxwell previously held executive leadership positions at Trip Advisor, Expedia and an airline travel software developer

After spending about an hour on the phone with IRS to get a damn PIN I was told that the electronic signature on the 2848 was only acceptable when uploaded thru the IRS portal. Which it was uploaded thru the portal. Which my software says it was accepted on Oct 3. But the woman at the PIN phone center didn't find it. So she asked me to fax it to her. And then she wouldn't accept it because it needs to be an original signature.