Some of you responded to me in another post regarding a client making payments on known balance due to the IRS. The replies said to make the payments now to avoid any additional penalties and interest. I agree and this was generally very good advice. Nevertheless, each circumstance is different and sometimes may require a different approach.
Background, client is young and has never filed any tax returns. Client worked for a company as an employee and was paid under the table to avoid payroll taxes; etc. This took place for 6 years. Client wants to pay the tax he would owe on the wages paid to him as cash payments. (Because this is a public forum, I'm leaving out details)
My first step was to file form SS8 for a determination which is a slam dunk in my opinion. I have not ever met a waiter, server or whatever they maybe called, working in a restaurant that was or could be classified as a sub-contractor. Again, leaving out details. Anyway, the tax payments.
For filing the tax returns, form 8919 is used and must include the firm's EIN to e-file. Did everything possible to obtain the EIN and could not get it so per the instructions the word UNKNOWN was inserted for the EIN. Thus, negating any possibility of e-filing.
Client owes for 2019, 2020, & 2022. TY 2017 and 2018 were filed by mail with a very small refund that will be forfeited. However, the IRS still does not have record of the client existing. Because of this, no payments could be made using DirectPay, EFTPS or through the ID.Me account.
The only solution is to include payment with the respective returns and mail it in. Scary but the only way. The penalties charged are already at the maximum 25% so no additional penalties should be assessed. The interest could be adjusted. But the argument of the post mark date as the filing date could apply here if needed.
Most people who would end up in this situation would take the cash and run. I think this speaks volumes for this young person desiring to do the right thing regardless of the cost. When they first came to me for help, I could only tell them what they had to do by law. Kudos to this person.