# HR Block messed up - Adding to 8938 forms to tax return now required



## Kph100 (Jul 23, 2018)

Ok 

So as first tax return in USA having gained greencard in 2019, and only income from UK source as not yet working in USA. (apart from USA interest )

Went to HR block with advisor who supposedly knew about foreign income,

Tax return completed with my telling her that 1116 forms needed 2 as passive and wages income.

Problem is that she efiled my return and didnt submit 8938 forms detailing my UK bank accounts despite knowing I had UK bank accounts. I subsequently learnt these forms needed and the FBAR i was aware of.

So HR Block stated IRS amended tax return forms not available to them yet, so im going to do this myself/

1, Do i just do a copy of the return on 1040x and add the 8938 forms to it and post it all.

2, My address is changing, do I put the same address on the 1040x or put my new address on the 1040x - will this cause any confusion. No tax refund or payment due as foreign tax credit used.

Thank you


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## Moulard (Feb 3, 2017)

Personally, I would request (read insist) that they amend the return to fix their oversight gratis.

But if you are jack of them, then yes, 1040X with Form 8938 attached.

I have never done so, but I believe you could also attach Form 8822 to the amended return (unless the instructions say otherwise)

https://www.irs.gov/pub/irs-pdf/f8822.pdf


Oh... and 1040x is available.. its just that they probably haven't built it into their own tools yet.

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

The form doesn't really change year to year, all that changes is the checkboxes for what year the amendment pertains to.

You can see there is a 2019 checkbox


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## Jca1 (Aug 7, 2019)

Current address on the 1040-X should be fine, even if it's different than the address on the original return. Many people amend old returns, and the 1040-X asks for current address.

I'd be concerned H & R Block made other mistakes.

Sorry if this is saying the obvious, but if you're amending to add 8938, I'd be sure to do it before the due date for the original return to ensure there's no penalty for a late 8938. I haven't heard about automatic penalties for this form, but I know the IRS has been automatically handing out $10k penalties when they receive a late 5472. 

I'd also send it by one of the trackable methods listed on the IRS website, have a clerk postmark it, and (though this is probably paranoid) take pictures or other evidence of what you put in the envelope in case they don't process what you sent.


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