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I used to work as a paralegal at a tax firm. One thing to consider - ask if they can give you a cap on research hours or a flat fee package. Most tax attorneys will be willing to set some limits once they've had an initial consultation and understand the scope. Otherwise, those research hours can add up quickly! Maybe something like "After 5 hours of research, we'll reassess and give you an updated estimate before continuing.
As someone who went through a similar situation with international gift tax complications, I'd suggest getting a second opinion before committing to those rates. While $625/hr isn't completely unreasonable for specialized international tax work, the combination of high hourly rates plus $800 per form seems excessive. I ended up working with a US-based tax attorney via video calls who charged $350/hr and included form preparation in their hourly rate. The time zone difference was manageable, and I saved over $3,000 compared to local quotes. Many US practitioners are very experienced with expat gift tax situations and can work efficiently since they handle these cases regularly. Also consider asking for a detailed scope of work upfront. "Substantial research" can mean different things, and you want to know exactly what they're researching before the clock starts ticking at $625/hr.
This is really helpful perspective from someone who's been through the same situation! Can you share how you found a US-based attorney who was experienced with expat cases? I'm worried about ending up with someone who says they can handle international issues but doesn't really have the depth of experience needed. Were there specific questions you asked during consultations to gauge their expertise?
INFO: Are you and your boyfriend financially supporting yourselves and your children together, or is your dad providing significant financial support to you? Also, how old are you? The rules are different depending on whether you're over 19 (or 24 if you're a student).
My boyfriend supports us financially since I stay home with the kids. My dad pays for my car insurance ($600/year) and my cell phone ($50/month), but that's it. I'm 22 years old, not a student. My boyfriend and I have been living together and taking care of our two kids (ages 2 and 4) for almost two years now.
Based on what you've shared, your dad absolutely cannot claim you as a dependent. For him to claim you as a qualifying child, you would need to: live with him for more than half the year (which you didn't), be under 19 or a student under 24 (you're 22 but not a student), and he would need to provide more than half your support (he's only providing minimal support with insurance and phone). Your domestic partnership further solidifies that you've established your own household with your boyfriend. Your boyfriend might potentially be able to claim you as a qualifying relative dependent if you meet the income requirements, but your father definitely doesn't qualify to claim you under either the qualifying child or qualifying relative tests. The residency requirement alone disqualifies him completely.
Based on everything you've shared, your dad has absolutely no legal basis to claim you as a dependent. The IRS has very clear rules for this: For a "qualifying child" dependent, you must live with the person claiming you for MORE THAN HALF THE YEAR. Since you haven't lived with your dad at all in the past year, this requirement fails completely. For a "qualifying relative" dependent, the person must provide MORE THAN HALF of your total support. Your dad paying $600/year for car insurance and $50/month for your phone ($1,200 total annually) is nowhere near half of what it costs to support you, your boyfriend, and two children. Your registered domestic partnership establishes that you're part of a separate household unit. You're functioning as a family with your boyfriend and children - this is completely different from being financially dependent on a parent. Tell your dad straight up: "The IRS requires dependents to live with the person claiming them for at least 6 months of the year. Since I haven't lived with you at all, you legally cannot claim me. Period." Don't let him argue with tax law - these aren't opinions, they're federal requirements. If he tries to claim you anyway, the IRS will catch it when returns are processed and he'll face penalties for fraudulent claiming. Protect yourself by filing your own return correctly.
This is really helpful advice! I'm in a somewhat similar situation where my mom keeps insisting she can claim me even though I moved in with my girlfriend last year. The part about the registered domestic partnership creating a separate household really makes sense - it shows you're not just temporarily away from your parent's home but actually established your own family unit. @Paolo Conti - have you considered getting something in writing from a tax professional to show your dad? Sometimes parents are more likely to accept it when it comes from an official "source" rather than their own kids telling them no.
Another thing to consider - if your mom owns her home, she might be eligible for property tax relief or homestead credits in many states. These often require filing a state tax return even when federal filing isn't required. Also, has she been paying estimated taxes during these unfiled years? If not, and she does end up owing, you might want to look into the IRS Fresh Start program which can help with penalties.
I helped my elderly neighbor with this exact situation! Just wanted to add that for the 2021 tax year, there were some special COVID relief payments that your mom might have been eligible for. If she didn't receive them, filing that return might actually get her money back.
I'm going through something very similar with my grandmother right now, so I completely understand the stress and worry you're feeling! One thing that really helped us was getting organized first before diving into the actual filing process. Here's what we did: First, we gathered all her income documents for each year (SSA-1099s, 1099-Rs, 1099-INTs, etc.) and made separate folders for 2021, 2022, and 2023. Then we collected all those IRS notices and sorted them by date to see what they were actually asking for. The biggest relief was discovering that many of the "scary" notices were just automated reminders, not actual threats. Some were even for years she didn't need to file at all! Since your mom's income situation sounds relatively straightforward (Social Security + pension + small interest), this might be manageable to tackle together. But honestly, given that she's been getting IRS correspondence for a while, it might be worth the peace of mind to consult with a tax professional who specializes in unfiled returns. They can quickly determine which years actually require filing and help navigate any correspondence with the IRS. The most important thing is that you're helping her address this now - ignoring it only makes things more complicated. You're being a great child by stepping in to help sort this out!
This is such great advice about getting organized first! I'm dealing with a similar situation with my dad and the folder system you mentioned really helps make it less overwhelming. One question - when you were going through those IRS notices, did you find any that had specific deadlines or required immediate responses? I'm worried about accidentally missing something time-sensitive while we're getting everything sorted out.
Wait I'm confused about the amended return process. Does filing an amended return increase your chances of getting audited? I'm in a similar situation but worried about drawing attention to my return.
Filing an amended return doesn't automatically trigger an audit. The IRS says that amendments are reviewed by human employees, but they're generally just looking at the specific changes you're making, not doing a comprehensive review of your entire return. If your amendment is straightforward and well-documented, there's no reason to be particularly concerned.
I've been through this exact situation and it's so frustrating! Here's what I learned: you definitely have options, but you need to act relatively quickly since you have 3 years from the filing date to amend and get a refund. First, get everything documented. Have that new tax professional write up exactly what errors were made and what the correct approach should have been. This documentation is crucial whether you're trying to work things out with your original accountant or need to take other steps. Then approach your original accountant professionally with the documentation. Don't go in guns blazing - just present the facts: "I had my return reviewed and these specific errors were identified. How can we resolve this?" Many accountants will fix their mistakes once presented with clear evidence, especially if they're worried about their reputation. If they refuse to help, you still have several options: - File the amended return yourself or hire someone else - File a complaint with your state board of accountancy (if they're a CPA) - Pursue compensation through small claims court for larger amounts The key is staying organized and keeping detailed records of all communications. You signed the return, yes, but that doesn't mean you're stuck with an accountant's professional negligence. Good luck!
This is really helpful advice! I'm curious about the documentation part - when you say have the new tax professional "write up" the errors, did you have to pay them for this analysis or were they willing to do it as part of a consultation? I'm trying to figure out if I need to budget for this step before even approaching my original accountant. Also, how detailed should this documentation be? Like should it include specific tax code references or is it enough to just say "missed these deductions"?
Ava Harris
One more piece of advice - make sure to keep copies of EVERYTHING you send to the IRS, and send your response via certified mail with return receipt requested so you have proof of when they received it. Also, if the January 18th deadline is too tight, you can call and request a 30-day extension, which they usually grant. That would give you more time to get the proper documentation from the restaurant group.
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Jacob Lee
ā¢This is important! I'd also suggest faxing a copy if possible in addition to mailing. The IRS still uses fax and sometimes processes those faster than mail. You can get a free online fax service to send it.
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StarStrider
I've been through a very similar situation with a payment processor issue, and I want to emphasize something that hasn't been mentioned yet - document EVERYTHING about your employment relationship with the restaurant group. In addition to your W-2, gather any emails, text messages, or other communications that show: 1) You were asked to set up the Square account as part of your job duties 2) You never had control over the funds (they went directly to business accounts) 3) You were acting as an employee, not an independent contractor Also, since the restaurant group was sold to a parent company, try to get documentation of that sale/transfer. This can help establish the business relationship timeline and show the IRS that this was clearly a business operation, not your personal income. If the current accountant doesn't follow through, consider reaching out directly to the parent company's finance department. They may be more responsive since this could affect their tax compliance too. One last tip - when you write your response letter, be very specific about dates, amounts, and the business purpose of each transaction. The more detail you can provide about how this was clearly business income that was misreported, the stronger your case will be. Good luck, and don't let this stress you out too much - these payment processor mix-ups are incredibly common and the IRS has seen it all before!
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