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Something else to consider: cost difference. Tax attorneys typically charge $300-500/hour while CPAs are usually in the $150-300/hour range. If your issue is mostly about documenting legitimate business expenses rather than defending against serious allegations of tax fraud, a CPA is probably sufficient AND more affordable. Also, many tax situations can be handled in stages. You can start with a CPA to organize your documentation and respond to initial IRS inquiries. If things escalate to an audit or legal territory, you can bring in a tax attorney at that point.
Do you know if either CPAs or tax attorneys offer any kind of guarantee that they'll resolve the issue? I'm worried about paying someone a ton of money and still ending up with problems.
Neither CPAs nor attorneys can typically guarantee specific outcomes with the IRS - anyone who promises this should be viewed with suspicion. What they can guarantee is proper representation and application of their professional expertise. Most reputable tax professionals will clearly explain what they believe they can accomplish based on your specific situation and their experience with similar cases. They should be upfront about potential outcomes, both favorable and unfavorable. This transparency is actually a good sign of professionalism rather than a limitation of their services.
I'm actually both a CPA and have a tax law degree, and here's my quick take: For questionable business deductions around $15k, start with a CPA who specializes in small business/self-employment. Save the attorney for if/when the IRS actually proposes penalties or formal audit. Most IRS letters at this stage are just inquiries - they're asking for documentation, not accusing you of fraud. A good CPA can help organize your records, determine which deductions are defensible, and respond appropriately. Much more cost-effective approach.
Something nobody's mentioned yet - if your wife claimed these dependents and was audited, there should be specific reasons WHY her claim was rejected. Those reasons matter a lot for your situation. Did she fail the support test? Residency test? Relationship test? Something else? If you know exactly why she got rejected, you'll know what you need to prove differently on your amendment.
Thanks for pointing that out - I should have mentioned it. From what I understand from the audit letter, she failed the support test. The IRS determined she didn't provide more than 50% of their support over the year. In reality, I was the one paying most of the housing costs and expenses, but we filed separately and she claimed them.
That's exactly what I was getting at! If the support test was the issue, and YOU were actually the one providing most of the support, then you have a legitimate case for amending and claiming them. Make sure you gather documentation showing YOUR financial support: rent/mortgage payments, utility bills, grocery receipts, clothing purchases, medical expenses, school supplies, etc. Calculate the total cost of support for each dependent and show that your contribution exceeded 50% of that total. Bank statements and canceled checks can help establish the timeline and amounts. When you file the 1040X, include a clear statement explaining that you were the actual support provider, not your wife, and that's why her claim was rightfully rejected while yours should be accepted. The more organized and detailed your documentation, the better your chances of avoiding another audit or having your amendment approved if you are audited.
Has anyone used TurboTax to file an amended return for adding dependents? Their interface is confusing me...
Don't overwhelm yourself! I hadn't filed for 5 years and did it all in a month. My biggest tip: set up an IRS online account ASAP - it gives you wage transcripts showing all reported income. Make a timeline and tackle one year each weekend. For software, I used TaxAct for older years - cheaper than TurboTax and lets you file past years electronically when possible. Important: request installment agreement using Form 9465 if you can't pay all at once. The monthly payment can be as low as $25 depending on your situation.
Just remember state taxes too! Everyone's talking about federal, but depending on your state, you might have similar issues with unfiled state returns. Some states have different requirements and deadlines for back taxes. Also, if you moved between states during these years, you might need to file partial-year returns for multiple states. This gets complicated fast.
Something nobody's mentioned yet - make sure you look into whether this arrangement could be considered a PFIC (Passive Foreign Investment Company). If your grandmother's business meets certain tests, your gains could be subject to complicated and usually unfavorable PFIC tax rules. Also, depending on how much you've sent, you may need to file Form 8938 (Statement of Specified Foreign Financial Assets) if your investment exceeds certain thresholds. The penalties for not filing these international information returns are harsh.
What exactly qualifies as a PFIC? My grandmother's cafe is definitely an active business where she works daily, not some passive investment vehicle. Would that still fall under those rules? And are the Form 8938 thresholds different for different countries?
A PFIC is generally a foreign corporation where either 75% or more of the income is passive (like interest or dividends) or 50% or more of assets produce passive income. An actively run cafe would typically not qualify as a PFIC, so you're probably safe there. Form 8938 thresholds don't vary by country, but they do differ based on filing status and whether you live in the US or abroad. For a single person living in the US, you'd file if your foreign financial assets exceed $50,000 on the last day of the tax year or $75,000 at any time during the year. The thresholds are higher for married couples and US persons living abroad.
Honestly the bigger issue is that ur grandma considers u an "owner" but legally ur not. This is a HUGE risk. If something goes wrong with the business, u have zero protection. If she passes away suddenly, u have no legal claim to anything. I'd strongly suggest getting an actual ownership agreement in writing, even if it's a small percentage. Otherwise ur basically making an unsecured loan with no documentation.
This is such an important point! My dad sent money to his brother in Mexico for a similar arrangement and when they had a falling out, he couldn't prove he was entitled to anything. Lost everything because there was no paper trail showing it was an investment rather than a gift.
Yara Khoury
Quick tip from someone who's been doing this for years with a rental in Canada: keep really detailed records of WHEN and HOW you dispose of furniture. Take date-stamped photos of damaged furniture before discarding and save any receipts from donations. I got audited two years ago and they specifically questioned several furniture items that "disappeared" from my depreciation schedule. Having documentation made it easy to prove I hadn't sold the items for cash. For items you throw away due to damage, a photo and brief written statement saved me tons of headache.
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Keisha Taylor
โขDo you document this separately for each tax year, or do you just keep a running log of all furniture items? I'm trying to set up a system that won't be a complete mess 5 years from now.
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Yara Khoury
โขI keep a running spreadsheet with all furniture items, their purchase dates, costs, and depreciation schedule. Then I have a separate tab for disposed items where I record the disposal date, method (trashed, donated, sold), and any documentation I have. For tax filing purposes, I extract just that year's disposals. This system makes it easy to keep track over many years without creating a new document each tax season. I also back everything up with photos in a cloud folder organized by year of disposal. Might seem like overkill, but it saved me during that audit!
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Paolo Longo
Has anyone used TurboTax for reporting furniture depreciation and disposal for foreign rentals? Their interface seems really confusing for this specific scenario and I'm not sure it's calculating things correctly.
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Amina Bah
โขI wouldn't recommend TurboTax for this. I tried last year for my UK rental and it was a nightmare. It doesn't handle the separate tracking of multiple furniture items well at all. I ended up switching to a tax pro who specializes in expat taxes.
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