Client was trying to make her tax payment for 2021, but made a 2022 estimated payment by mistake. She didn't realize her mistake until she received an IRS notice for her tax due.
She said she called them and they said they couldn't and she would need to make another payment for her taxes. Since it's over $12,000, this is really not a good solution for her. Do you think it was just a matter of talking to the wrong person at the IRS?
Do you think it was just a matter of talking to the wrong person at the IRS?
Yes - in my opinion the IRS rep was incorrect. I have a client that has done this for the past two years when making the Jan estimate. I called (have 2848 on file) and was able to have the payments moved to the correct years.
Thank you for your help - we'll try again!
Hi, All you need to do is contact the IRS and have them transfer the payment to the correct tax year. Does not require more than that. I would recommend to always use the IRS.gov pay taxes website and select correct tax year and what type of tax.
Next time try to have her call from your office while you are available to listen, and maybe explain. You don't need a PoA for that. If she's not too bright about telling IRS what year she is paying, she may not be too bright about explaining the problem to them.
The problem that I continue to have is the inability to reach a person to talk to at the IRS. I have been hung up on so many times, I think they are blocking my number. 😉
@Christine Rep Maybe you should consider contacting your federal congressman or senator and let them know? Government employees are paid with taxpayer money, and if someone is not doing their job then maybe they should be terminated?
Or maybe a federal district court judge, that could be appealed to the Supreme Court and the case might keep them away from other mischief. Or, had she asked for the employee number of the person who gave her incorrect information, maybe the local Taxpayer Advocate would let the supervisor know so that the same mistake isn't repeated for the next 20 callers.
Do you have a problem with me Bob?
For most of my career, the IRS would not move 1040 payments to other years unless you could show that it was their error. It can be a real problem especially like yours when the money is substantial. But then, a couple of years ago, I started having success. The IRS refers to them as credit transfers.
If you type "Credit Transfers 21.5.8" in your web browser, it will take you to an IRS web page that shows their position changed in August of 2021. It in part reads:
"Credit transfers may be authorized through oral statement or correspondence received from the taxpayer. If the authorization is through oral statement, the taxpayer must confirm the payment amount or the IRS endorsement information on the cancelled check".
Best of luck.
Best of luck!
But see this part of the Manual, last updated in 2019. Usually the problem with calling IRS is that you reach someone hired last month and trained last week. But the problem here might be that an old-timer has yet to be retrained.
21.6.3.4.2.3 (10-01-2019)
Estimated Tax (ES)
...Taxpayer requests to apply current year ES payments to a previous year's outstanding tax liability cannot be honored. IRC 6402(a) provides that in the case of an overpayment, the Secretary, within the applicable period of limitations, may credit the amount of the overpayment against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall refund any balance to such person. The Service is authorized to make a refund only if an overpayment exists. Therefore, the Service does not have the authority to apply an ES installment to an outstanding tax liability until the ES installment constitutes an overpayment. An "overpayment" cannot be determined until after the close of the tax year when the tax liability is determined.
Exception: The restriction above does not apply to a payment incorrectly processed as an ES payment due to an IRS processing error. This can be verified by reviewing the payment document and/or requesting the payment Document Locator Number (DLN).
Exception: Obvious taxpayer errors, such as AMS history shows the taxpayer called for a payoff amount and that amount posted as an ES payment.
If the taxpayer is not liable for ES payments based on the account history (i.e., no prior ES payment history, SE income, etc.), or current income situation, and a payment is posted as an ES payment, it can be refunded back to the taxpayer. Disregard any properly completed ES voucher. The payment can either be refunded back to the taxpayer or applied to the correct year's balance due.
Bob,
I hope that the representative that she reaches will look at the exception you mentioned here. She has no history of estimated payments, she is a wage earner and was just taken by surprise by some miscalculating when she attempted to complete a w-4 for a new job combined with the child tax credit.
Thank you for your research, I appreciate it!
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