QUESTION

If one received payment for difficulty of care, claimed it as income, paid taxes and wanted to submit a correction to IRS, how would one go about it?

Asked on Mar 23rd, 2014 on Taxation - Michigan
More details to this question:
I am a parent with an adult son with a severe disability. He is on the Medicaid Home and Community Base Program. Notice 2014-7 was issued on 1/21/2014 stating "difficulty of care" payments are excluded under Section 131 of Title 26 of the IRS Code. Please confirm the reason the Notice 2014-7 was issued was - because state DHHS agencies were withholding taxes and sending W2's or sending 1099's to parents or caregivers supporting individuals under "difficulty of care". When under Title 26 Section 131 it clearly states the exclusion and inclusions of when someone has to claim the income they received to the IRS. If not, please advise why Notice 2014-7 was issued? Please confirm in Notice 2014-7 it states "period of limitation on claims for a credit or refund under Section 6511 has not expired" - suggest that an individual who received payment for "difficulty of care" and claimed it as income and paid taxes could submit to the IRS a correction of earned income for previous taxable years (2012 and 2013) if not expired? Is this correct? Your responses would be greatly appreciated!
Report Abuse

2 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
Sec 131 of the Internal Revenue Code specifically exempts payments to foster parents, not natural parents, and the IRS has maintained that the exemption doesn't apply to natural parents. However in January 2014, the IRS changed it's position an it now considers payments to natural parents exempt. You have 3 years from when you filed the return to file a claim for refund. So, if you filed your 2010 income tax return on or before April 15, 2011, you must file any claim for refund for 2010 on or before April 15, 2014. You file a claim for refund on IRS Form 1040X.
Answered on Mar 25th, 2014 at 1:48 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
File an amended return for the years involved. Consultation with an attorney or accountant would be wise.
Answered on Mar 25th, 2014 at 8:14 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters