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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7225
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am an exXXXXX XXXXXving in Europe and working on contingency in

Resolved Question:

I am an exXXXXX XXXXXving in Europe and working on contingency in Aghanistan. I have to file taxes for years 2001-2004, will I still receive a return if I paid too much or is it too late? Apparently according to the IRS my taxes were filed (by them) and though I am married and have two children at home my filed taxes show single and for 2004 (my first year in a war zone) no exclusion was given. I was also told by the rep at IRS that if I had a return (because even they admitted the taxes did not look correct), I would not get it because it was too late. It is somewhat confusing and I need clarification on my rights (if I have any).

Thank you.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,
Unfortunately a taxpayer has 3 years to file their return and claim a refund. When the IRS does not receive a return they will prepare one for the taxpayer and under those circumstances all the deductions and exclusions that would have been claimed are not used. Generally, a qualifying individual’s initial choice of the foreign earned income exclusion must be made with one of the following income tax returns:




  • A return filed by the due date (including any extensions),



  • A return amending a timely-filed return. Amended returns generally must be filed by the later of 3 years after the filing date of the original return or 2 years after the tax is paid, or



  • A return filed within 1 year from the original due date of the return (determined without regard to any extensions)
    The 2006 return to file ran out in April of 2010. The IRS must have asessed your taxes around that time. If a taxpayer does not file a return the IRS can assess at any time there is no statute of limitations.


Robin D :

The IRS can accept your returns if the assess has just been done but not if you ignored notices sent to you an dthe time now has run out to contest their assessment. If they are showing that levy is going to happen then your time to appeal has passed.
You can set up an installment agreement and that would stop collection actions.

Robin D :

The IRS will generally not take enforced collection actions:



  • When an installment agreement is being considered;

  • While an agreement is in effect;

  • For 30 days after a request is rejected, or

  • During the period the IRS evaluates an appeal of a rejected or terminated agreement.

Robin D :

I sincerely XXXXX XXXXX all works out for you and I thank you in advance for a positive rating.


Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving.

Customer:

I'm somewhat confused, you say three (3) yrs is the limitations, yet the IRS person I spoke to said that since the filing was incorrect and I had valid exclusions that were due, I could resubmit my taxes and correct the discrepancies, such as one (1) exemption instead of my valid four (4) and the exclusion for working in a war zone could still be deducted. Was this not valid information?


 


Thank you.

Robin D :

If the tax year is still open and the IRS has just recently assessed then you can submit your return with the exemptions and the deductions. I stated in my post that the time may have been past to do this but if it is still open then you can submit the corrections by actually completing the tax returns. This would mean that you may not have to pay but you will not get a refund if one is due.


It is not an excluysion for working in a war zone but for working in a foreign country. This would require you file form 2555 to exclude your foreign income (up to the limit for the year). The IRS can disallow this exclusion because the returns are late so be prepared.

Robin D :

Have each year prepared as soon as you can and claim the exclusion and your deductions for dependents but do not expect any refund. That is because the 3 years have passed to file and get a refund.

Customer:

Negative, it is an exclusion for working on contigency in Iraq and Afghanistan in a danger zone which this year is around 97K deductable. It is not foreign income, it is earned working for a US company on a Gov contract.

Robin D :

That is called foreign earned income exclusion

Robin D :

You earned it in a foreign country (not in the US ) that is why you would be able to exclude up to the yearly amount.

Robin D :

The IRS has a rule though about not filing and claiming the exclusion on time.

Customer:

Thank you.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7225
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 6 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


Robin,


 


I have another couple of questions, how do I initiate the process of having you answer me?


 


Thank you.

Expert:  Robin D. replied 1 year ago.

You can request me of course if I am not online at that time one of the other experts will answer. Usually (most) experts will leave the question if you start the question with "For TaxRobin Only".

I saw your other post, sorry I missed it but if I am not online when you post.......

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7225
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 6 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


Robin,


 


Do I have to use a 1040X when doing my taxes from previous years?


 


Also, I am submitting a 4852 because I worked for two different organizations but, can only find one of the W-2 forms, is this correct?


 


Do I only put the information from the missing W-2 on the 4852 and do I have to combine the earnings on the 1040X or keep them separate and attach the forms?


 


This is the third request I am sending, no response to the first(approx 5 days ago) and the second early this morning (although I know the time zone difference does affect your responses as far as same day).


 


Where can I get an example of a completed 4852?


 


Thank you,

Expert:  Robin D. replied 1 year ago.

Sorry this is the first time I was alerted that you posted.
You would only use the 1040X if you have already filed and wish to correct a previous year's return. If a person has not filed for a previous year they file the regular form.
The 4852 should be used if you do not have a W2. You will only want to enter the information on the 4852 for one employer.

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The above is not exactly a sample of one filled in but it does have info on what to enter.

Expert:  Robin D. replied 1 year ago.

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