Catherine

Happy Healthy and Prosperous New Year in 2024 to all my dear colleagues here on the forum.

I have permission to post his email. Ben is his name; [email protected]

He says I can post his email. Ben is his name; [email protected]

@artp just sent you email. Anyone else who needs a WISP please contact me and I'll send you Ben's contact information. I don't want to post it openly without his express permission; I should ask him, I guess!

Thank you very much. I have that now bookmarked, and will investigate once I'm closer to restored.

Eric Green of Tax Rep LLC does a great 2-hour Ethics program every year in December. Useful and practical, rather than reading Circ 230. It was just earlier today, so y'all missed it. Next year, though!

Merry, merry, and blessed Christmas to everyone here! And my deepest thanks for another year of friendship, support, advice, and more.

Hi folks, Last Friday a mandatory microsoft update corrupted by OS and I had to wipe the drive and reinstall. My backup and recover software worked great for backups and for recovering files. But. The new version won't read files from the old version. The old version is no longer supported or installable (with NO warning from the vendor, mind you - and that's including not installable from the saved, downloaded, install file from a year or two back). So I'm having to use my personal machine to restore files to an external drive, and then reload them to the being-restored machine. That's ludicrous. Utterly and completely. And I will not continue with this software going forward; they have now proved they are not reliable and won't stand by their products or customers. So I come to you, dear friends, and ask what software you use for backup and recovery, and whether (or not) you would recommend it. Backup to a local storage device, preferably with an option for "cold metal restore." Many thanks.

TheTaxBook also has some excellent self-study courses.

It's not just recently; the no-green-card-return has been going on for years, and it's why I stopped recommending it. I was told by a mail carrier who delivered to a local office that the mail is delivered in bags, and it's anyone's guess as to whether those green cards are ever even seen, let alone signed (or stamped) and returned they way they're supposed to be. And our local office is a small one, not one of the big centers.

I have successfully requested penalty waiver when an elderly person died late in the year. The beneficiaries are generally unable to get distributions by EOY simply because there is insufficient time to get paperwork complete. Death certificates and notifications to beneficiaries and proof of who they are and setting up new accounts - and that's all after someone gets appointed as executor and can start to notify retirement plan custodians that there has been a death. Working on one case now where the retirement plan custodian is not accepting a state-certified death certificate sent by an executor, simply because the executor appointment was delayed by several months due to reasons out of control of the executor. By the time that dust settles, there will be a couple of years of missed RMDs, simply because the custodian refused to cooperate. But you have to wait for penalties to be assessed before you can request the abatement. You can, however, and while it's all fresh in your mind, write up the reasons for the abatement request, and have it waiting.

You might also look at TaxAct and see if they have a pay-per-return option. They were decent basic/pro software twenty years ago and have only gotten better. Ufortunately, they lagged my needs so I stopped using them many moons ago.

Yes, they will be there waiting for you.

Kudos to this young person, indeed. I hope the IRS comes down hard on the employer, too. In this case, paper-filed returns with check payment(s) enclosed is indeed the only way to file.

The EF ack saying "received by stateDOR on date x" sent out by their own computer systems isn't accepted? That one I'd fight, for sure.

I managed to get registered, years ago, but it was always so clunky to use. EFMF is much easier, and also for the inevitable client whose contractors payout doesn't match the 1099s. Query them and get "oh, gee, can't believe I forgot to give you the numbers for Gary and Sheila" and just add those in separately later. Easy-peasy.

I wonder if it was a shorter version of the same "reasonable compensation" talk given at the NE IRS Rep Conference just a couple of weeks ago. Frankly, I paid more attention to my cross-stich project sewing than that particular talk, as I gave up working on partnerships and corporations some years ago. Didn't do enough at that time for it to be worth keeping up with the myriad of changes, so I gave them all away. But it was definitely a group with software, they had court cases, and a number of people were interested in the software. Guy next to me was thinking about it - but his niche is small corporation consulting, advising, and evaluating. For him having an evaluation/recommendation tool rather than having to evaluate every case individually, may well have been worth the cost.

It is supposed to be. We've seen plenty of returns "filed" weeks and even months after the postmark (as shown on transcripts). Even some where client was told by IRS to e-file as their paper-filed return was lost. Yes, they have now "fixed" all those issues. And I have a bridge to sell you. Keep in mind, this is not my decision to make, but the client's. I give the client the options and let them decide (and document that). I do recommend waiting to e-file. In the cases I've done that, the return is already late, and e-file re-opening is less than a month, rather than more than two months.

Those get picked up in the SE taxes. I am also not saying that 1099-NEC is the best-practices way to go, but to my mind it's more important to get the client straight going forward if that's the way to get them to agree. Plenty of people will not agree to do wages, file now-late 941's, and all the rest - but they will agree to a 1099-NEC plus PR starting Jan 1 of the year (already back-dating start of PR to the then-current year, since these people tend to show up in March). I would explain - in writing - the possible consequences. In our experience, the no-PR problem has mainly been new-and-small companies who are not making a ton of money (if even running at a profit at all). Straighten them up as best and as quickly as you can, and have a loyal client for years to come. Remember, we can only advise on changes prior to meeting the client; we cannot compel. Draw your own lines that you will not cross, but as long as the client fixes going forward, I would most likely agree to 1099-NEC the owner(s) if they balk at doing prior-year payroll with late 941s. Because we know most of them would then take their papers to some shyster who will let them continue to mess up for years to come. Better to get them in current compliance and keep them there.

For that very reason, I recommend waiting until e-file opens again. That paper-filed return could very well be officially received, and then processed, long after e-file re-opens. Then the smoking gun gets pointed at you for not e-filing. Or, give the client the two options, and let him decide. But get his decision in writing ("Option 1" "Option 2" checkmark and signature. Make sure the possibility of delay and penalty is listed on both options.)

As Lee B said, it does not stop the late filing penalty. But it does stop interest after the payment date (on the tax).

As I've often said - if they were competent, they'd be far more dangerous than they already are!

I have clients for whom Form 8938 is required, and that is a tax issue. I wanted it very clear in the engagement letter that the requirements are different, and that they are on their own for the FBAR. I don't want a case of someone not filing, then blaming me for not being clear enough. If it's in the eng ltr, they were told clearly *and* accepted it.

Have him pay the balance due now. Stops further penalties and interest from being added to the balance.

"Hey, we're the tax agency. We don't have to make sense!"