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Former tax resolution specialist here. Based on the amount ($54k), I'd recommend a blend of expertise. Start with a tax resolution specialist or CPA who handles IRS disputes for a preliminary assessment. They can tell you if the issue is simple enough for them to handle or complex enough to need an attorney. Key factors that would push you toward an attorney: - If the IRS is alleging fraud or willful negligence - If criminal charges are mentioned or implied - If the amount is primarily penalties that might be eligible for abatement - If you have underlying complex tax situations (international income, business audits, etc.) Either way, avoid those national tax resolution firms that advertise on radio/TV - they typically charge enormous fees and often delegate to junior staff.
What's a reasonable fee range to expect for resolving something like this if it's just a straightforward error? I've heard horror stories about firms charging thousands upfront.
For a straightforward error resolution where the facts clearly support your position, expect to pay between $1,500-3,000 total for a CPA or tax resolution specialist. This would typically include analyzing the notice, preparing a response with supporting documentation, and following up with the IRS. More complex situations requiring multiple rounds of correspondence, appeals, or settlement negotiations would naturally cost more. The key is finding someone who will clearly outline their fee structure upfront - whether hourly, flat fee, or a combination. Any firm requiring $5,000+ upfront for what appears to be a calculation error dispute is charging premium prices that aren't justified for standard resolution work.
Has anyone tried just calling the IRS Taxpayer Advocate Service? They're supposed to help with exactly this kind of thing and it's a free service.
I tried the Taxpayer Advocate route last year. They're helpful but extremely overwhelmed. Took 4 months just to get assigned an advocate, then another 2 months before they could take any action. If you've got time and your issue isn't urgent, they're great. If you need quick resolution or have collection actions pending, you might need additional help.
Anyone using TaxAct instead of TurboTax? I've heard it has better options for investor types but not sure if it handles the trader tax status stuff well.
I switched from TurboTax to TaxAct last year and regretted it. The interface is clunky and it actually missed some deductions related to my trading. I ended up going back to TurboTax and finding the stuff it missed. Neither is great for serious traders tbh.
Don't forget to look into estimated tax payments if you're going to do more trading! I learned this the hard way last year when I got hit with penalties because I wasn't making quarterly payments on my trading income. Regular W2 withholding wasn't enough to cover it all.
Quick tip from someone who went through this last year - make COPIES of all your adoption documentation before sending anything to the IRS. My amended returns for adoption credits from 2018 and 2019 triggered a verification review, and I had to send in proof of the adoptions and special needs determination. Also, be aware that this credit is nonrefundable but carries forward for up to 5 years. So if your tax liability isn't high enough to use the full credit in one year, you don't lose it - the remainder carries forward to future tax years until it's used up or the 5 years are over.
Thanks for the tip about making copies! Do you know if there's any specific form I need to track the carryforward amounts if I can't use the full credit in the amended return year?
There's no specific IRS form for tracking the carryforward amounts, but you absolutely need to keep careful records yourself. I created a simple spreadsheet showing the total credit amount, how much I used each year, and how much was carrying forward. When you file the next year's taxes, you'll need to enter the carryforward amount from the previous year on Form 8839. The tax software should prompt you for this, but many people miss it if they switch tax preparers or software between years. This is why your own tracking is crucial. Also keep all your amended return paperwork together with your adoption documents for at least 7 years in case of an audit.
Has anyone used TurboTax to file these amended returns for adoption credits? I'm wondering if it walks you through the process well or if I should go to a professional.
I used TurboTax to amend my 2020 return for adoption credits and it worked fine. Just make sure you have Form 8839 filled out correctly with the adoption info. The wizard will ask about qualified adoption expenses - if your child is "special needs" for tax purposes, you enter $0 for expenses but still claim the full credit amount.
One thing nobody has mentioned yet - make sure you're tracking the currency conversion rates for each payment! The IRS wants all amounts reported in USD, so you need to use the conversion rate from the date each payment was made. I learned this the hard way when I was audited for my Schedule C with international contractor expenses. I had just used an average conversion rate for the year, and that was a big no-no. Had to recalculate everything and ended up owing more due to conversion rate fluctuations.
Oh wow, I hadn't even thought about the currency conversion documentation! Most of my payments have been through PayPal - do you know if their conversion rates are acceptable for IRS purposes? Or should I be using some official government conversion rate?
PayPal conversion rates should be fine as long as you have the documentation showing the actual USD amount that was charged to your account. The key is having records showing the exact USD amount paid on specific dates. If PayPal doesn't clearly show this (sometimes their reporting can be confusing), you can use the Treasury Department's official exchange rates or another reputable source like OANDA or XE. Just be consistent with whichever source you choose and keep documentation of the rates you used along with the dates of payment.
I disagree with some advice here. I've been commissioning international artists for years for my business, and I've never collected W-8BENs from them. My accountant told me it's only necessary if you're withholding taxes, which typically isn't required for services performed entirely outside the US. I just categorize them under "Contract Labor" on Schedule C and keep detailed payment records. No issues with audits so far.
Dangerous advice! The W-8BEN requirement isn't just about withholding - it's about properly documenting the status of who you're paying. Without it, you technically can't verify they're foreign persons exempt from US reporting requirements. Your accountant is taking a risk that might have worked out so far, but the IRS is increasing scrutiny of international payments. Just because you haven't been audited doesn't mean the approach is compliant.
Wesley Hallow
I'm a little late to this thread, but I wanted to add something important - there's a statute of limitations on requesting penalty abatement. You generally need to do it within 2-3 years of the penalty assessment. So definitely don't wait around if you're considering challenging this. Also, make sure you're working with the correct IRS department. Partnership penalties should be addressed to the "Pass-Through Entity" division, not just the general IRS address. This can speed up processing significantly.
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Sophia Carson
β’Thanks for this info! Do you know if there's a specific form I should use for the abatement request? I've seen some mentions of Form 843 but I'm not sure if that's the right one for partnership penalties.
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Wesley Hallow
β’Yes, Form 843 "Claim for Refund and Request for Abatement" is the correct form for requesting abatement of partnership penalties. Be sure to fill out sections 1, 2, 3a, and 5 completely. In section 5, you'll want to clearly explain your reasonable cause or first-time abatement qualification. Attach any supporting documentation that backs up your explanation. This might include communications with your tax preparer showing they led you to believe they had filed an extension, or any other evidence that shows you acted in good faith. Send it certified mail so you have proof of submission.
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Justin Chang
Has anyone had success getting these penalties reduced rather than fully abated? I'm in basically the same situation but I missed the deadline by only 2 months. I've heard the IRS sometimes will reduce rather than eliminate if they don't accept your full abatement request.
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Grace Thomas
β’Yes! We had a $3,600 partnership penalty reduced to $1,200. Our situation was that we had filed 3 months late because our accountant had health issues. The IRS didn't fully accept our reasonable cause argument but did reduce it by 2/3. Make sure to ask specifically about partial abatement if they push back on a full waiver.
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