Discussion:Delinquent tax client (2006 and 2007)

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BrockEA (Talk | contribs)
(Good point, than)
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(Brock, remember,)
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Revision as of 22:49, 23 February 2009

Discussion Forum Index --> Basic Tax Questions --> Delinquent tax client (2006 and 2007)
Discussion Forum Index --> Tax Questions --> Delinquent tax client (2006 and 2007)

Brock And Associates (talk|edits) said:

23 February 2009
Hi all,


I have a local carpenter who didn't file for 2006 or 2007 and needs to file those plus 2008. He is single and will be taking the standard deduction with a very easy schedule C. His gross income was very low for 2006 and 2007 (~$10K per year) and he probably has enough in mileage deductions and tool expense to bring that down. With the possibility of the EITC and his business expenses, he will probably end up owing very little or no tax for 2006 and 2007. He claims that he has NOT been contacted by the IRS in any way (a fact that he will sign an attestation to before we do business).


So here is what I have researched and concluded:


1) I will prepare his returns in year order.

2) I will have him go to the local IRS office and have the first page of his 1040 stamped as received for comfort before filing (I am not able to do this since I am not an EA or CPA).

3) If it turns out that he owes taxes for 2006 and/or 2007, he will receive a notice of tax due/demand for payment from the IRS once the returns are filed.

4) If it turns out he doesn't owe taxes for 2006 or 2007, no penalties or interest will apply.

5) Assuming he owes taxes and cannot pay those taxes, I will have him pay what he can and then visit the local IRS office and have him seek an installment agreement.

6) Since there has been no contact from the IRS, I will file them using the standard address for the return year.


Now for my questions....


1) Should I prepare all of the returns and file them at once or file 2006, wait for the IRS notice, and then file 2007?


2) My plan is to charge $800 for the 2006, 2007, and 2008. These are very easy returns to prepare with a simple schedule C and possibly an EITC. Sound fair to you?


I think I have this under control, I just want to make sure that I didn't miss anything. I tried very hard to get this right before posting as I am not trying to learn on your dime...really. The IRS process is somewhat complicated and further complication by the pitfalls of selective client memory, etc. I very much appreciate your help and hope to return the favor.


Thanks,

Michael

Irsfixer (talk|edits) said:

23 February 2009
File them all at once. I see no reason to walk them in to an IRS office since he is not under any IRS deadline or under levy. If you want comfort, send them certified and mail them yourself. No reason to subject the client to the ordeal of a walkin to the IRS. Just make sure they are mailed in separate envelopes. You may want to call the Practitioner Hotline first to see if any other returns need filing or if any Substitutes for Return have been prepared. You can also order any 1099's or W-2's that may have been filed.

AEM CPA (talk|edits) said:

23 February 2009
If his income is as low as you say, is it possible he's not even required to file? If that's the case, you might save him money by not preparing the returns and just charging him for consulting to verify he's not required to file. If, for example, you're going to charge him $800 so he can collect a $400 refund and he's not required to file, maybe not filing is a better option.

Brock And Associates (talk|edits) said:

23 February 2009
Irsfixer,

Thank you for the clarification, I knew about the separate envelopes but failed to include that in my OP.


I will have him mail them certified with return receipt requested.


He is supposed to be getting copies of all his documentation together, including his 1099's.


Thanks again,

Michael

Brock And Associates (talk|edits) said:

23 February 2009
AEM,


I believe his gross income will be more than the filing requirements for him...2006 was $8,450 and 2007 was $8,750 (single, under 65).


However, I get where you are going regarding the cost verses benefit and I wouldn't file if he didn't have to...fee or not. I still have to sleep at night.


Thanks, Michael

Irsfixer (talk|edits) said:

23 February 2009
BTW, we do not file them certified unless a statute is an issue. Never had a problem. I do highly recommend a call to the Hotline.

Irsfixer (talk|edits) said:

23 February 2009
If net self-employment income exceeds $400 - a return is required.

Brock And Associates (talk|edits) said:

23 February 2009
Irsfixer,


Good point and reminder. I think in this case he will have both a net income from SE and will exceed the gross income for filing. He will have to file these returns.


I was mainly unsure as to whether I should file 2006 and wait or file them at the same time. It's that literal, "I want to see it in writing" gene of mine! :D


Thanks, you guys are the best.

Michael

Irsfixer (talk|edits) said:

23 February 2009
If you file one then wait - assuming he owes on both, it will get the two in different collection cycles. Better to have them in the same collection status.

Brock And Associates (talk|edits) said:

23 February 2009
Good point, thanks Irsfixer.

Jdugancpa (talk|edits) said:

23 February 2009
Brock, remember, if he has over $400 of SE income he is required to file, even if he has no taxable income.