Michael

I doubt that the w-2 can be corrected since the taxes have already sent to the IRS so the w-2 is likely correct. Changing the w-2 to indicate that $0 was paid but taxes were withheld wouldn't seem to make a lot of sense for both income and FICA taxes. The problem is that taxes shouldn't have been withheld and a w-2 shouldn't have been issued.

I suspect that is why the CPA wants to file form 8833 since it contains a large amount of space to explain why he shouldn't be taxed (supposed to be used to define which double taxation rules apply) and hope that an IRS agent will read the explanation indicating what they did and why they filled out form 1040 NR and 843 the way they did.

bealerDSB

The CPA seems quite shrewd and factual with his determinations. Having said that he does say this may take a few games of email / communication tennis...

In closing he states that in the 30 years of this area he has never had a denial.. I pray this can be resolved. Thanks for everyone's advice and interest. I'll update as & when.

DSB.

Michael

If he has ways to contact IRS auditors, it should be a no brainer. However it will likely have to be done twice. He can file all the forms now for a refund for taxes withheld during the previous years but I don't believe that he can file the forms for a refund for the taxes withheld for this year until the beginning of 2014. In other words, you normally can't file tax returns until the fiscal year is over.

bealerDSB

Well, the (2) batches of forms were sent to the IRS, (2) envelopes.
And both the IRS and the employer have received disclosure authorization documents for him to communicate on my behalf. Could be a 30-90 affair....
My employer has not got back with me yet, since the W8_BEN and authorization submittal late last week early this week.

DSB.

Michael

Did you have taxes withheld for more than 1 year not including this year? If that was the case, the 2 envelopes were likely for 2011 and 2012 but not for 2013. Besides that, it couldn't possibly be for 2013 since you don't have the w-2 yet and you don't know if your employer is still withholding taxes.

bealerDSB

The (2) envelopes contained the above.
DSB.

Michael

For which years?

bealerDSB

Last year.
DSB.

Michael

Both envelopes were for last year (2012)!!!!!!!!!!

That doesn't make any sense. Why would someone file two identical tax returns for the same year? If they were different, which one should the IRS use for that year?

bealerDSB

Because one address' employment tax and the other address' the SS / Medicare. He seems to know what to do....and the way to approach..
DSB.

Michael

Were they sent to different addresses? Was one sent to the IRS and the other sent to the social security administration? I thought everything had to go through the IRS and they will contact the social security administration and will make copies if needed.

bealerDSB

Correct, both seperate envelopes went to the same address. I guess there is a way of dealing with these things, IE; Don't cram all concerns into (1) envelope.

1 - This problem
2 - That problem

Knowing the centuries of experience my CPA has, I'm sure he is aware that this is an Idiosyncrasy that the IRS 'like' to see. ( worth remembering.. )

DSB.

Michael

That is not the point. This is a forum that we pass information to other people to the best of our knowledge. We gather that knowledge from people that we try to help so they can do things right. So I am just trying to make sure what is being sent and why. I'm sure the CPA is very knowledgeable but that doesn't help us understand what he is doing.

He must have gave you copies of the returns and it would be nice to exactly know what he did in each envelope so that we have a better idea when we advise other people with similar problems. What is very confusing is that an individual cannot file more than one tax return for any one year. However if a mistake is made in filing the tax return, than an amended tax return can be filed (form 1040X) to correct a mistake. In other words, the computer software is only designed to handle a sequence of events (one tax return and one or more amended returns which refers back to the tax return that was filed). The computer software doesn't have the ability to understand what it should do with the same form but has different information. Although an auditor may look at the information, it is held in the computer storage for future reference and the computer software knows how to adjust the original return when an amended return is filed.

When paper return are sent to the IRS, they are usually sent to a data entry person and scanned with an optical reader and the computer is updated. If the IRS receives two returns for the same individual for the same year, the computer software will likely throw up when the second return is scanned.

bealerDSB

WOW

Michael, I am just a regular old person trying to get things done. I am working in an area which is not conducive to...say...how it is living in the States sat at your desk.

I filed ( under CPA advice) , I mailed, and answered all forum questions.

1) 1040NR + 8833 + 8948 to IRS for the Income Tax.
2) 843 to IRS for the Employment Tax.

What is fails me is that you are not content, I feel I've answered everything you asked. Neither of us know the inner workings of this mans mind. Less not forget that the process is by no means complete, so I'm sure it is best to post when a'firmed.

You continually refer to the 'computer software'. Please recall that the CPA has authority to speak with the IRS on my behalf, so I'm sure some human intervention will occur once the papers are within said system.

You state a few good questions, to me -- ""you got me"", I'm out of my depth ok. I'm placing faith into the CPA that himself and his company know what they are doing. Having a go at me for 'filing twice' or 'this / that form' really gets you no asnwers Michael, because you win - I'm a newbie.

I suggest to re-read your statement above, because it was not well received, Sir.

DSB.

bealerDSB

I thought that by me detailing the exact document #'s that would tell you what was filed, enabling the understanding of what typical content goes within said document #'s ?

843
Also had a detailed attachment explaining my profile.

1040NR was accompanied with the 8833 (Residency/domicile explanations and profile information).
Finally accompanied with 8948 (8948 filed because 1040NR cannot be done electronically), hence the 8948.

DSB.