How can I fill out an IRS form 8379?
Form 8379, the Injured Spouse declaration, is used to ensure that a spouse’s share of a refund from a joint tax return is not used by the IRS as an offset to pay a tax obligation of the other spouse.Before you file this, make sure that you know the difference between this and the Innocent Spouse declaration, Form 8857. You use Form 8379 when your spouse owes money for a legally enforeceable tax debt (such as a student loan which is in default) for which you are not jointly liable. You use Form 8857 when you want to be released from tax liability for an understatement of tax that resulted from actions taken by your spouse of which you had no knowledge, and had no reason to know.As the other answers have specified, you follow the Instructions for Form 8379 (11/2016) on the IRS Web site to actually fill it out.
The IRS sent me a form 1065, but I am a sole proprietor. Do I ignore this form and fill out a schedule C?
I would assume that you applied for an employer identification number and checked the partnership box by mistake instead of sole proprietor. If this is the case, this requires you to obtain a new EIN.If you properly filled out the application for an EIN, you can ignore the 1065 notice.Your EIN acknowledgement letter from the IRS will state what type of return they expect you to file under the EIN.
For taxes, does one have to fill out a federal IRS form and a state IRS form?
No, taxes are handled separately between state and federal governments in the United States.The IRS (Internal Revenue Service) is a federal, not state agency.You will be required to fill out the the necessary tax documentation for your federal income annually and submit them to the IRS by April 15th of that year. You can receive extensions for this, but you have to apply for those extensions.As far as state taxes go, 41 states require you to fill out an income tax return annually. They can either mail you those forms or they be downloaded from online. They are also available for free at various locations around the state.Nine states have no tax on personal income, so there is no need to fill out a state tax return unless you are a business owner.Reference:www.irs.gov
Which IRS forms do US expats need to fill out?
That would depend on their personal situation, but should they actually have a full financial life in another country including investments, pensions, mortgages, insurance policies, a small business, multiple bank accounts…The reporting alone can be bankrupting, and that is before you get on to actual taxes that are punitive toward foreign finances owned by a US citizen and god help you if you make mistake because penalties appear designed to bankrupt you.US citizens globally are renouncing citizenship for good reason.This is extracted from a letter sent by the James Bopp law firm to Chairman Mark Meadows of the subcommittee of government operations regarding the difficulty faced by US citizens who try to live else where.“ FATCA is forcing Americans abroad into a set of circumstances where they must renounce their U.S. citizenship to survive.For example, suppose you have a married couple living in Washington DC. One works as a lobbyist for an NGO and has a defined benefits pensions. The other is self employed in a lobby firm, working under an LLC. According to the IRS filing requirements, it would take about 15 hours and $280 to complete their yearly filings. Should they under report income, any penalties would be a percentage of their unreported tax burden. The worst case is a 20% civil fraud penalty.Compare the same couple with one different fact. They moved to Australia because the NGO reassigned the wife to Sydney. The husband, likewise, moves his business overseas. They open a bank account, contribute to the mandatory Australian retirement fund, purchase a house with a mortgage and get a life insurance policy on both of them.These are now their new filing requirements:• Form 8938• Form 3520-A• Form 3520• Form 5471 (to be filed by the husbands new Australian corporation where he is self employed)• Form 720 Excise Tax.• FinCEN Form 114The burden that was 15 hours now goes up to• 57.2 hours for Form 720,• 54.20 hours for Form 3520,• 61.22 Hours for Form 3520-A.• 50 hours estimate for Form 5471For a total of 226.99 hours (according to the IRS’s own time estimates) not including time to file the FBAR.The penalties for innocent misfiling or non filings for the above foreign reporting forms for the couple are up to $50,000, per year. It is likely that the foreign income exclusion and foreign tax credit will negate any actual tax due to the IRS. So each year, there is a lurking $50,000 penalty for getting something technically wrong on a form, yet there would be no additional tax due to the US treasury.”
When dissolving an LLC do you need to fill out IRS Form 966?
The answer will be yes or no depending on how your entity is recognized for tax purposes. An LLC is not a recognized entity by the IRS. By default, a single-member LLC is organized for tax purposes as a sole proprietorship and a partnership for tax purposes if there is more than one member. However, you can make an election to be taxed as a C Corporation (i.e., an LLC for legal purposes that is taxed as a C Corporation for tax purposes).You must complete and file form 966 to dissolve your LLC if you have elected to be a C Corporation or a Cooperative (Coop) for tax purposes. S Corporations and tax-exempt non-profits are exempt from filing this form (see here).If you are organized for tax purposes as an S Corporation you would file your taxes via form 1120S for the last time and check the box indicating that your return is a “Final Return.” Same is true for a Partnership, but with form 1065.On a state and local level, best practice is to check with your state and local agencies for requirements.For digestible information and tools for understanding how the tax landscape affects your business, visit Financial Telepathy
How can a company that has erroneously filed IRS Form 1065 comply with their requirement to file IRS Form 1120S, after having made guaranteed partners payments rather than officer salaries?
oh wow. This is really messy. Here are the steps I would go through:1. File an amended form 1065 to indicate $0 activity. Give all of the officers a corrected K-1. They'll need it to file their amended returns.2. File the proper form 1120S - expect inquiry letters from the IRS about this. Be prepared with all of your documentation indicating that 1120S is the proper form to file.3. File forms 941, 940, State Withholding and State Unemployment. You'll need to "gross up" the officer payments. For example, if Partner A received $80,000 in guaranteed payments, you'll need to actually file that as $86.626 to account for the $6,62. in Social Security and Medicare taxes that were withheld from the paychecks in order to reach $80,000.4. Prepare W-2s for all of the officers. They'll need these for their amended returns.5. Expect to pay lots of penalties and interest on the 941 forms since they are now late.6. Prepare to pay an accuracy related penalty, although you may be able to beg forgiveness on this one and get it abated.7. Fire whoever made this error, unless it's your fault for not providing that person with the appropriate documentation.
Do un-contracted workers have to fill out IRS W4 form?
I have no idea what an “un-contracted worker” is. I am not familiar with that term.Employees working in the U.S. complete a Form W-4.Independent contractors in the U.S. do not. Instead, they usually complete a Form W-9.If unclear on the difference between an employee or an independent contractor, see Independent Contractor Self Employed or Employee
What's the best way to get users to read a set of instructions for filling out a form?
Your question confuses me a bit. What's missing is "WHY are the instructions displayed?" What makes them so important? More to the point, what makes them so important to the user?You say it's a simple form, but also say they must read the instructions before filling it out. If it's simple, what are all the instructions for? I haven't seen the form and already I'm confused.People will do things if they understand (and agree with) the purpose for doing them. If they don't understand the need for the instructions (e.g. because the form appears to be simple), you'll have a hard time getting users to read them (they won't see the need).My suggestion would be to take a step back from the design a bit and look at the form's purpose. If the instructions are to minimize data entry errors, look for ways in your design to do that and eliminate an instruction or two. For example, do real-time validation of things like zip codes, phone numbers, usernames, and anything else your web page can do.If the instructions are to educate the user on some specific process, look at the process to see if it can be made simpler or more obvious such that it doesn't need any explanation.Finally, don't forget user testing--ask some potential (or representative) users what they think works for them.