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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7313
Experience:  15years with H & R Block. Divisional leader, Instructor
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hi I e filled last year and I put my foreign income and I

Resolved Question:

hi
I e filled last year and I put my foreign income and I got credit for it because I have 3 kids , I have only statement from my foreign employer ( no W2 or other forms) , and I am doing any work here in USA for him but I got the money ( salary/wages ) from him .
first question is his statement enough or I need to summit like w2 substitute ,form 4852 ?
if I didn't work for my foreign employer and I got foreign income from is that ok to get credit because it was ok on the software when I e filled .
I am permanent resident & I lived all the year here in US
Submitted: 9 months ago.
Category: Tax
Expert:  Robin D. replied 9 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
first question is his statement enough or I need to summit like w2 substitute ,form 4852
No you should complete the substitute W2
if I didn't work for my foreign employer and I got foreign income from is that ok to get credit
Earned Income Credit is just that for earned income. The reason you received the payment would determine if you could count that for Earned Income Credit
because it was ok on the software when I e filled
Tax preparation software is only as good as the information entered

Customer:

I already submitted the return without w2 and the software not showing that I need to fill an extra form , so what I have to do ?

Robin D. :

The IRS is asking for information right? They sent you some sort of notice or letter?

Robin D. :

submitted the return without w2 and the software not showing that I need to fill an extra form This was most likely because you entered it as a W2 in their software

Robin D. :

The IRS is asking for information right? They sent you some sort of notice or letter?

Robin D. :

Has the IRS questioned your credit claim?

Customer:

no

Robin D. :

Then what is the problem with your return? What has prompted your question?

Customer:

yes it is as w2 you are right ?

Customer:

I am asking to know if I have done correct with my tax and I also I want to prepared in case and if I need specific documents I can request it now because it looks like I will keep so long with especially I didnot do alot of work for them last year and this year so that is the reason, if I become not working of the company it would be difficult to get .

Robin D. :

No you have not correctly completed you return

Customer:

so what I missed

Robin D. :

YOu reported a W2 when you did not have one

Robin D. :

When you are working for a foreign company (which is still under question for you) you donot use a regular W2 to report that

Robin D. :

You must use the sub

Customer:

so how should I report because on software I enter on foreign income there on the soft ware and also I checked statement from my employer so when I printed out I found it on W2

Customer:

is that possible ? I am usinf turbo tax which good soft ware I thought

Customer:

using

Robin D. :

Let me check TT for their specifics

Customer:

go for less common income section

Customer:

foreign income

Robin D. :

That is the place

Robin D. :

  1. Select the Federal Taxes tab (the Personal tab in the Home & Business edition).

  2. Select the Wages & Income subtab.

  3. Scroll down the Wages & Income screen until you see the Less Common Income group.

  4. Click on the Start/Update button to the right of the Foreign Earned Income and Exclusionscategory.

Robin D. :

Of course you cannot use the exclusion because you are in the US

Robin D. :

So just the income would be shown on Line 7 as wages (if they are wages)

Customer:

so I am done right or wrong ?

Robin D. :

If they are wages for employment then yes

Customer:

do I need w2 substitute or the employer statement is enough

Customer:

because I choose employer statement

Robin D. :

Your statement to complete the wage section would be enough. Choosing employer statement is the correct method

Robin D. :

On the screen in TurboTax where you enter your W-2 information, enter the correct information, not the incorrect information that is on your W-2. After you click Continue, the next screen, or the one after next, will say "Do Any of These Apply to This W-2?" One of the boxes says "I did not receive a W-2 from {employer} and need to complete a substitute form." Put a check in that box, . Click Continue. The next screen asks if you want to complete Form 4852. Click Yes. Proceed through the screens, entering the requested information to complete Form 4852.

Robin D. :

You must mark that you do not have a W2 and need the 4852

Robin D. :

The iRS requires this because they want to see the employer information

Robin D. :

After going through some of TurboTax areas I see many people complained they had difficulty getting the 4852

Robin D. :

But you need it if you are showing employment from a foreign payer

Customer:

does IRS require specific information on the statement so I can request from my employer and I tried it but no it is not possible to efile with 4852 form

Customer:

and even it doesnot say you need to use it !!!

Robin D. :

It does not matter if you cannot e-file or not. The important point is that you need that form

Customer:

I checked my employer is not in US and many thing not applicable to my case

Customer:

on the form

Robin D. :

Good, you should have

Robin D. :

Is your main concern that you will not be allowed to e-file if you have the 4852?

Customer:

no I missed to fill or send this document 4852 what I have to do ?

Robin D. :

If the IRS contacts you send it to them. Complete one and send it to the address on the notice.

Customer:

just more question again what required IRS information's for statement that t I should I get from my employer ?

Robin D. :

Any statement that shows the amount of income and any taxes withheld, the company name and address

Customer:

because it varies from country to anther and company to another

Robin D. :

there is not standard form but any statement that has all teh above on company letterhead would be good

Customer:

what my job nature should be explained too

Robin D. :

Not specifically

Robin D. :

the IRS may ask you what you are doing for the company in the US but that is not required on teh statement

Robin D. :

I have to assume that your initial question has been addressed.

Robin D. :

Can you see the rating options if you scroll down?

Robin D. :

The system says you are typing................

Customer:

last thing please because they hire me at be gaining as expert in medical supply field but because in my home country there is war and then unstable situation company business doesn't work well , so I consider myself not worked for the money and this is not only me this is the situation of employee even there so is that an issue to be considered .

Robin D. :

That is a totally different question really. If you are given money but you are not employed or working for the amount then it is not EARNED INCOME. The US Treasury Department could question your claim for a credit that is only intended fpr those with earned income.

Robin D. :

They may see this as a dividend or othe rinvestment income

Robin D. :

Do you own any part of this company?

Customer:

no

Robin D. :

Then you need to make sure you have your payment records if you continue to claim a US credit for this income.

Robin D. :

Have I addressed your questions?

Customer:

you just scared me, it is for my relative, why they might claim me ?

Robin D. :

it is for my relative, why they might claim me -----------I do not understand this statement

Customer:

you say who own it one of the owners is my relative

Customer:

and you say it is different issue and gona claim me ???

Robin D. :

Then are they really paying you a wage for employment (services you are actually performing) or is this for something else. Do not answer to me, that is just something for you to think about.
I did not say anyone was going to claim you, I said you are claiming a credit for which the IRS could disagree

Customer:

I did some work they may consult me like 10 times all the year but not too much and because they only few things from US by the way do I need to proof my activity for my employer too or is the statement is enough .thank you so much I am sorry answer me and .I WILL RANK YOU EXCELLENT

Robin D. :

I answered you on this question (do I need to proof my activity for my employer too or is the statement is enough ) already. Your employment statement is enough. If the IRS wanted to know more they would ask you about the specifics..

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7313
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and other Tax Specialists are ready to help you

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