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mail-in payment on ext. due date, IRS bal. due letter excludes ACA penalty?

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    mail-in payment on ext. due date, IRS bal. due letter excludes ACA penalty?

    A client contacted me, he mailed in balance due Form 1040-V payment on extension filing deadline a few weeks ago, return was efiled. He got an IRS letter today stating he has an unpaid balance due.

    That part is not my question, I understand that IRS, California FTB, and maybe other agencies all share this fault in their service. They need to wait until the paper check processed amounts wend their way into the system.

    The question or observation I'm posting about, is that he checked his bank register against the IRS letter, and he paid over $400 more than what the letter stated was due. (I confirmed this was the correct balance due I calculated for him). He asked me if he would get a refund of the difference (which, if true, would imply I screwed up on the return).

    I determined that the discrepancy was due to the ACA Shared Responsibility Payment not being included in the IRS balance due notice. True or false?
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

    #2
    Could be (see last point) https://www.irs.gov/affordable-care-...ility-payments

    But as you know contacting the IRS will give the correct answer.
    Always cite your source for support to defend your opinion

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      #3
      Confirmation of details

      I FINALLY got a copy from the client of the actual IRS correspondence. Sure enough, there were actually 2 letters, CP14 for the taxes and CP14H for the Shared Resp. Payment (SRP), just as I suspected.

      It's clear from EFTPS and letters such as this that IRS is totally geared up to treat collections for the SRP separately from income tax.

      In other words, as has been known but not widely publicized since 2010, a taxpayer can avoid ever paying the SRP by simply arranging to have no refunds to be offset (not clear if this includes state tax refunds or not if there is a fed/state offset agreement). IRS can create liens but cannot disclose them to any third party, making the lien somewhat ineffective as a collection tool.

      I know some think it would be wrong to mention this to clients, while others think it is part of our duty to inform taxpayers of legal ways to avoid or defer tax payments.
      "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

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        #4
        Thanks

        Great information. I had the same thing happen to a client this year.

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