NASSAUSUFFOLK

 View Only
  • 1.  Looking for input from my brilliant NcCPAp

    Platinum Most Valuable Member
    Posted 06-14-2023 11:32 AM

    My client received a large assessment on their 2022 federal income tax return. It seems the payroll service made the tax deposits, and filed the returns under the late spouse's social security number, who passed away in 2021.

    The payroll service then drafts a letter for my client, requesting that they move the four quarters of 2022, and the first two of 2023.

    Love to hear from my homies.



    ------------------------------
    Robert Brown
    Adeptus Partners LLC
    Jericho NY
    ------------------------------


  • 2.  RE: Looking for input from my brilliant NcCPAp

    Posted 06-15-2023 06:44 AM

    Robert,

    I saw the issue you posted. Reach out to me directly or give me a way to reach you and I may be able to help. i need more information..  Thanks, Howard Silverman    Enrolled Agent

    Senior IRS Large and Mid-Size Business Revenue Agent Examination Team Coordinator ( Retired) 



    ------------------------------
    Howard Silverman
    Enrolled Agent
    silvermantaxconsult@gmail.com
    516-302-5455
    ------------------------------



  • 3.  RE: Looking for input from my brilliant NcCPAp

    Bronze Most Valuable Member
    Posted 06-15-2023 07:29 AM
    Bob

    I assume this is a schedule H issue. There should be a credit on the deceased spouse's IRS account. I would call practitioner hot line with a POA for the spouse and one for the deceased as executor of the estate if necessary. Obtain a copy of the payroll service letter. They should  be able to see the payroll service error/mix up and move the funds to the living spouse's 2022 and 2023 returns.  I assume the same issue for NY?
    Not sure who the payroll service wrote to?
    You could also file returns for the deceased spouse
    Get the refunds, pay the tax due for the living spouse and fight the penalties under the first time penalty admin procedure.

    Jerry


    --
    Gerald S. Cohen, CPA
    cell 516 455-0643





  • 4.  RE: Looking for input from my brilliant NcCPAp

    Silver Most Valuable Member
    Posted 06-15-2023 03:29 PM

    Did they issue a 2022 form W2 for a person who died in 2021?   There are many issues here – was the income IRD?  When was income earned?  When was it paid?  To Whom?  When was the withholding made?  

     

    If the payroll service made a mistake they must amend the filings.  I don't think you can  issue a W2 the year after someone dies.

     

    Very truly yours,

     

    ROBERT S. BARNETT

     

     

    Long Island Office:

    487 Jericho Turnpike (NEW ADDRESS!)

    Syosset, New York 11791

    516-931-8100

    Fax: 516-931-8101

     

    New York City Office:

    1385 Broadway, 12th Floor

    New York, New York 10018

    212-661-1144

    Fax: 212-643-1330

     

    www.cbmslaw.com

    _______________________
    Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. Thank you.

     

     



    Disclaimer

    The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

    This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.






  • 5.  RE: Looking for input from my brilliant NcCPAp

    Platinum Most Valuable Member
    Posted 06-15-2023 03:42 PM

    Rob:

    Thanks for your input. I don't think a dead person can issue a W-2 either, however, they did.

    It is amazing how something so simple can be made into such a mess.



    ------------------------------
    Robert Brown
    Adeptus Partners LLC
    Jericho NY
    ------------------------------



  • 6.  RE: Looking for input from my brilliant NcCPAp

    Bronze Most Valuable Member
    Posted 06-15-2023 05:10 PM
    Robert

    I have a similar situation with NYS workmen's comp. The payroll service was using the correct EIN for the W-2, but the old deceased person's EIN for NYS deposits. We are still trying to move the credits to the correct account. Penalties are crazy!

    Jerry
    --
    Gerald S. Cohen, CPA
    cell 516 455-0643





Discussion Disclaimer

The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.