Sunday, August 9, 2009

Can I file one of my w2's this year, file my other return next year and then set up a payment plan?

I have a w2 from when I sold cars for most of the year. That's about a $1100 rebate. Then I switched careers and now I'm considered self employed. I owe about $3000 in taxes because of that, if I used the $1100 rebate. Can I file my w2 (where i get the $1100 rebate), and then file my self employed tax return next year with my other return for next year and set up a payment plan with the irs? This is going be my last year being self employed to be honest, as I'm moving after christmas. So my reasoning for all this is, I dont want to spend $3,000 + next years amount due in the middle of a BIG move. And it's a move for a career opportunity.





Is this even possible? I know its a bit confusing and makes no sense what so ever.
Can I file one of my w2's this year, file my other return next year and then set up a payment plan?
In 2006 I filed without one w-2 form. I forgot about it. Now that being said, the IRS is quick! They sent me a letter saying I needed to pay them back almost $2000.00. Since 2007 (tax year--2008 refund) they have taken every one of my tax returns to include the stimulus payment last year.


This year the debt will be paid as my refund is more than I owe them.


They will take the money back. Guaranteed. I wouldn't recommend it, but I understand your question.
Reply:technically you could file your taxes w/out the w-2 you don't want to use...get your refund, then you would have to file an amendment..which you would owe the 3000 then ....PLUS interest and penalties...and then you could set up a payment plan...
Reply:No you may not. The law requires that income is reported in the year received. If you are unable to pay any balance due you may go online to the IRS and request an installment plan. They will charge you a fee of $105 if you make monthly payments, $53 if you do direct debit from your checking account and $43 if your income is below a certain level. If you can pay within 120 days there is no charge.This is the site:


http://www.irs.gov/individuals/article/0...





Lee, Enrolled Agent


H %26amp; R Block


This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to learn more.
Reply:That depends on whether or not your received a form from your "employer" who contracted you out. If you did, they may have sent a copy to the IRS. If they did, then the IRS will know that you did not include that income. Plus, just because you were self-employed doesn't mean that you will owe the taxes. I would fill out the tax forms both ways to see if I qualified for any tax credits. Do you have children or any other credits you can claim? You may still qualify for EIC, depending on your income. If you file the form next year, you will have to do it as an amended form. You can't just include an old w2 on a different year.
Reply:No. You cannot knowingly file an inaccurate or incomplete tax return. Read the perjury statement by the signature line on your tax return.





Prepare a complete and correct return and file it. Pay what you can with the return and then set up a payment plan for the balance due. That's the ONLY legal way to proceed.





If you fudge it, the IRS will notice the error at some point and will bill you for the taxes due, plus penalties and interest. The schedule that they match up income may not match with your desire to pay at some later date.
Reply:If you file your taxes with just your W-2, you will probably get the refund.





However, the IRS (around the middle of the year, when it gets all its records) will send you a letter saying (you said such-and-such, we think is it so-and-so, if you agree, send us a check for $4,100 (using your figure), plus penalties and interest of more than you expect. If you disagree, you have this much time to present your case (paraphrased).





This would be the nicest scenario. This amount is actually into the level of fraud, and can charge quite a lot of penalties.





If you really cannot pay, best to file anyway and pay what you can. THEN you can start an installment agreement, and cut the penalties way down.





You file all your income from 2008 on 2008 taxes, from 2009 on 2009 taxes. No mixing or matching. And, yes, this is illegal, but unless it is a very large amount of money, the IRS will pursue penalties instead of jail time.
Reply:Dear Green: The best way is to file everything this year. If you owe money it is not due until Apr. 15. You can also set up an installment agreement with the IRS (Form9465). If you make payments as per the agreement they will leave you alone. Read the instructions for form 9465.





This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provide. Click on my profile to read more.


Errol Quinn Enrolled Agent Master Tax Advisor

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