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Old 06-26-2009, 08:07 PM #1
raceweld raceweld is offline
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Default amended returns in order to quaify

I stopped working in 2007 due to health issues.I had started a business in During that time I had a tax service do my taxes and they used several expences as deductions,so I recieved money back on my taxes.
When I attempted to collect SSDI several monthes ago I was told by SSA that I did not have the required numbers of credits in the past 10 years.
The clerk suggested that I file amended returns for the last 4 years that would show I paid into SSI.
I looked into this,and the cost is quite high,and on top of that I would have to pay interest and a penalty ,combinded almost $17,000.00.I have no problem doing that ,however I don't want pay the money just to be told I can not do that.

Has anyone had this same issue,and if so how did you make out?
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Old 06-30-2009, 12:29 AM #2
Janke Janke is offline
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So were the deductions taken by your accountant legal or not? I believe the IRS requires that you take all legal deductions, but you should check that out with an accountant.

What you are talking about doing is not that much different from just creating a business profit that doesn't exist for the purposes of earning credits that you don't really qualify for. It is like a small business paying a paycheck to a foreign born family member as a "consultant" for ten years for the sole purpose of qualifying for a lifetime retirement SSA check. This "consultant" had no expertise in the business enterprise, but was paid anyway.

SSA has the authority to disallow fraudulent tax returns and remove the credits from earnings records. The amendments are a red flag to a diligent bureaucrat and you may or may not actually get the credits that you paid for by amending the tax return. You actually have to have the profit in your business and it sounds like you did not.
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Old 06-30-2009, 02:45 PM #3
raceweld raceweld is offline
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Quote:
Originally Posted by Janke View Post
So were the deductions taken by your accountant legal or not? I believe the IRS requires that you take all legal deductions, but you should check that out with an accountant.

What you are talking about doing is not that much different from just creating a business profit that doesn't exist for the purposes of earning credits that you don't really qualify for. It is like a small business paying a paycheck to a foreign born family member as a "consultant" for ten years for the sole purpose of qualifying for a lifetime retirement SSA check. This "consultant" had no expertise in the business enterprise, but was paid anyway.

SSA has the authority to disallow fraudulent tax returns and remove the credits from earnings records. The amendments are a red flag to a diligent bureaucrat and you may or may not actually get the credits that you paid for by amending the tax return. You actually have to have the profit in your business and it sounds like you did not.

They were legal deductions as they were against business expences that were occured during the first few years of the business.I needed to buy tools,truck,rent space etc.He used these expences to offset the earnings I had.
If I amend the returns to eliminate these expences ,I would have enough earned income to qualify for ssdi .

The deductions were above board,and completely legal.
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Old 07-23-2009, 12:05 AM #4
Janke Janke is offline
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So, if the expenses on the tax returns were above board and perfectly legal, then any amendment you file would not be. You've answered your own question. You cannot go back and change what was done correctly for a self-serving purpose of getting Social Security credits. Sorry.
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