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This thread has been incredibly helpful! I'm dealing with a similar situation where my employer reported my state taxes to the wrong state. Based on what everyone's shared, it sounds like the key points are: 1. Use ONLY the W2C for filing (not the original W2) 2. File a non-resident return in the wrong state to get those taxes back 3. File normally in your correct state using the W2C info 4. Make sure the W2C shows corrections for both states before filing One question I haven't seen addressed - does anyone know roughly how long it takes to get the refund from the wrong state? I'm wondering if I should expect it to take longer than a normal state refund since it's essentially correcting an error. Also, has anyone had issues with the wrong state questioning why they're getting a non-resident return when they have withholding records showing you as having worked there? I'm worried they might flag it as suspicious.

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Great summary of the key points! For your timing question - wrong state refunds can definitely take longer than normal. In my experience, it took about 8-10 weeks to get my refund from the incorrect state versus the usual 4-6 weeks from my home state. The wrong state's system has to process that you're claiming back taxes that were incorrectly withheld, which seems to trigger additional review. As for the second concern about them flagging it - I was worried about the same thing! But it actually wasn't an issue at all. When you file the non-resident return, you're basically telling that state "I never lived or worked here, please refund the taxes that were incorrectly withheld." The W2C documentation supports this claim since it shows your employer's correction. Most states are used to handling these employer payroll error situations. Just make sure to include a brief note with your non-resident return explaining that your employer incorrectly reported your income to their state and has issued a W2C to correct it. That context helps the processors understand why you're filing there despite having withholdings.

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LunarEclipse

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This is such a frustrating situation to deal with, but you're asking all the right questions! I went through something similar last year when my employer somehow reported my California income to Texas (where I've never even visited). The most important thing to remember is that since you haven't filed yet, you're actually in a better position than people who have to amend. Just wait for the W2C and use ONLY that form for all your filings - federal and both state returns. For the state filing strategy, you'll essentially be telling the wrong state "this was a mistake, give me my money back" through a non-resident return, while filing normally in your actual state. Most tax software handles this pretty well once you input the W2C information correctly. One thing I learned the hard way - double-check that your W2C has the correct state code and employer identification numbers. My first W2C had the right dollar amounts but still had some incorrect state codes, which would have caused more problems down the line. Don't be afraid to push back on your HR department if the correction looks incomplete! The whole process took about 3 months to get my refund from the wrong state, but it all worked out in the end. Hang in there - your employer's mistake will get resolved!

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Chloe Taylor

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Thanks for sharing your experience! The detail about checking state codes and employer ID numbers is really valuable - I wouldn't have thought to verify those details beyond just the dollar amounts. Your timeline of 3 months for the wrong state refund is helpful to know. Did you have any issues with your actual state's return, or did that process normally once you filed with the W2C? I'm trying to plan out my cash flow since I was counting on getting my refund sooner rather than later. Also, when you say "don't be afraid to push back on HR" - do you have any specific language that worked well? My company's HR has been pretty dismissive so far, basically telling me "we sent the correction, that's all we can do." But based on what others have said here, it sounds like they might need to issue additional corrections if the first W2C isn't complete.

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I went through almost the exact same thing last year! The 826 code with that specific format (201312) definitely indicates a federal tax debt from December 2013. What helped me was requesting my Account Transcript for tax year 2013 directly from the IRS website - it'll show you exactly what happened that year. In my case, there was an automated adjustment made to my 2013 return that I never knew about because the notice went to an old address. The IRS had corrected something on my original return (I think it was related to education credits) and I apparently owed additional tax plus penalties and interest that had been growing for 10+ years. The good news is that if this is truly the first time you're hearing about this debt, you may have grounds to request penalty abatement for "reasonable cause" since you were never properly notified. I was able to get about 40% of my offset refunded by filing Form 843 and explaining the situation. Definitely get that 2013 Account Transcript first though - it'll give you the full picture of what triggered this debt originally.

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This is really helpful advice! I had no idea you could request the Account Transcript for specific years like that. I'm definitely going to try getting the 2013 transcript to see what actually happened. The penalty abatement angle is interesting too - if we really never got proper notice about this debt, it seems unfair that we're suddenly hit with over $4K in penalties and interest after 10+ years. Do you remember how long the Form 843 process took? And did you need any special documentation beyond just explaining you never received notices? I'm also curious - when you say "automated adjustment," was this something the IRS did on their own or was it triggered by something like a W-2/1099 mismatch?

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Olivia Evans

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The Form 843 process took about 4-6 months in my case, but it was worth the wait. For documentation, I included a statement explaining that I never received any notices about the debt, copies of my address change notifications to the IRS, and evidence that I had been filing returns regularly (showing I wasn't trying to avoid taxes). My automated adjustment was triggered by a 1099-MISC that got filed late by an employer - the IRS received it after I'd already filed my return, so they automatically added the income and recalculated my tax. Since I had moved that year and my address change didn't get processed properly, I never got the notice about the adjustment. One tip: when you request your 2013 Account Transcript, also request a "Record of Account" transcript for that same year. The Record of Account shows more detail about penalties, interest calculations, and any notices that were supposedly sent. It helped me prove that notices went to an address where I no longer lived.

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I'm dealing with something very similar right now! Just got my refund and it was $3,800 less than expected with the same 826 code showing "Credit transferred out to 1040 201311" - so mine is referencing November 2013. Reading through all these responses has been incredibly helpful. I never would have known that the number format meant a specific month/year. Like you, we've never received any notices about owing money from 2013, and we've been filing jointly since 2016 with no issues until now. I'm definitely going to try getting the 2013 Account Transcript like Oliver suggested, and maybe look into that Treasury Offset Program number that Natalie mentioned. It's so frustrating that they can just take thousands of dollars without any clear explanation, especially after so many years! Has anyone here had success actually getting money back once it's been offset like this? Or is it pretty much gone once they take it?

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This is a fascinating discussion! I've been following professional poker for years as a hobby, and the tax implications have always intrigued me. One thing I'm curious about - for those who have successfully filed as businesses, how do you handle the psychological/emotional aspect that the IRS sometimes considers? I've read that they look at whether you derive personal pleasure from the activity as a factor in the business vs. hobby determination. It seems like with gambling, there's always going to be some element of enjoyment involved, even if you're approaching it systematically. How do you document that your primary motive is profit rather than recreation? Do you need to somehow prove you don't enjoy what you're doing, or is it more about demonstrating that profit is the dominant motive despite any incidental enjoyment? Also, has anyone dealt with the question of how "games of chance" vs "games of skill" affects the business classification? I imagine poker has a stronger case than something like slot machines, but I'm wondering if the IRS makes those distinctions when evaluating these cases.

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Liv Park

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This is a really thoughtful question! You're right that the enjoyment factor is something the IRS considers, but it's not necessarily disqualifying. The courts have generally held that you can derive some personal satisfaction from your business activities and still be engaged in a legitimate trade or business - think of chefs who love cooking or musicians who enjoy performing. The key is demonstrating that profit is your PRIMARY motive, even if you happen to enjoy the work. This is where your business documentation becomes crucial - profit goals, systematic record-keeping, continuous effort to improve your edge, and treating losses as business setbacks rather than acceptable entertainment costs all help establish profit motive. Regarding skill vs. chance, you're absolutely right that poker has a much stronger case than pure games of chance like slots or roulette. The IRS and courts recognize that poker involves substantial skill, decision-making, and the ability to gain an edge through study and experience. Sports betting with a systematic analytical approach could also qualify, but something like lottery tickets would never pass the business test. The fact that you can demonstrate skill development, strategic thinking, and consistent profitability over time really strengthens the argument that this is business activity rather than recreational gambling. That's why keeping records of your learning process and strategy evolution is so important.

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The distinction between games of skill vs. chance is absolutely crucial for your case! As someone who's helped several poker players navigate this exact situation, I can tell you that poker and sports betting with systematic analysis have much stronger legal precedent than pure games of chance. The landmark case Groetzinger v. Commissioner established that gambling CAN qualify as a trade or business, and subsequent court cases have generally been more favorable to skill-based games. For poker specifically, courts have recognized that consistent long-term profitability demonstrates skill rather than luck. Your situation sounds very promising for business classification - 30-40 hours/week, detailed records, consistent profit over 3 years, and treating it as your primary income source all check the right boxes. The fact that you're doing both poker (clearly skill-based) and systematic sports betting (analytical approach) rather than purely chance-based games strengthens your position significantly. One practical tip: document not just WHAT you're doing, but WHY you're making specific decisions. Keep notes on your thought process, strategy adjustments based on results, and continuous learning efforts. This helps demonstrate the skill element and business-like approach that distinguishes you from recreational gamblers. Given your profit level ($68K) and time commitment, the self-employment tax hit might still be worth it for the expanded deduction opportunities, but definitely run the numbers both ways before deciding.

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This is incredibly helpful information, thank you! The Groetzinger case is exactly what I needed to research. I'm particularly interested in how you mentioned documenting the "WHY" behind decisions - could you give a specific example of what that might look like in practice? For instance, when I'm selecting which poker games to play or which sports bets to make, what level of detail should I be recording about my decision-making process? I want to make sure I'm building a strong paper trail that would hold up under scrutiny if audited.

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Jayden Reed

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One thing nobody's mentioned yet - you should really clarify if you're truly an independent contractor (1099 worker) or if you should be classified as an employee (W-2). Based on what you described, it sounds like you're working regular hours for one company. The IRS has specific criteria for who can be classified as a 1099 worker vs. an employee. Many employers incorrectly classify workers as contractors to avoid paying employment taxes. If you're misclassified, you're paying extra taxes that your employer should be covering. You might want to look at the IRS guidelines on worker classification and see if your situation fits.

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Caleb Stone

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I never even thought about this! How do I know which classification I should be under? I work about 35 hours a week on a pretty regular schedule and they tell me what jobs to do each day.

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Jayden Reed

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Based on what you've described, you likely should be classified as an employee (W-2), not an independent contractor. The key factors the IRS looks at include: who controls when and how you work, whether you work for multiple clients or just one employer, and who provides tools/equipment. If your employer sets your schedule, directs your daily work, and you're only working for them, these are strong indicators you should be a W-2 employee. As an employee, your employer would need to withhold taxes and pay their share of Social Security/Medicare taxes - saving you about 7.65% right away. You can file Form SS-8 with the IRS to request a determination of your worker status. Just be aware this might create tension with your employer, so consider having a conversation with them first about proper classification.

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Hey Caleb! You're absolutely right to be concerned about this. I went through something similar when I was freelancing and getting paid through various apps. First thing - definitely keep ALL those Zelle screenshots and bank records. Print them out and keep digital copies too. When your 1099 arrives in January, compare it line by line with your own records immediately. One tip that saved me: create a simple spreadsheet now with the date, amount, and Zelle transaction ID for every payment you've received. This makes it super easy to spot discrepancies when the 1099 comes. If there is a mistake on the 1099, don't panic! Your employer can issue a corrected form (1099-C) to fix it. Most small business owners will work with you on this - they don't want IRS problems either. And honestly, the fact that you're only 22 and already thinking about this stuff puts you way ahead of most people your age. You've got good instincts here. Just stay organized with your records and you'll be fine even if there are bumps along the way. The payment method (Zelle vs direct deposit) doesn't really matter for tax purposes - what matters is accurate reporting of the amounts. You're doing the right thing by keeping track of everything!

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Cass Green

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This is really solid advice! I'm new to dealing with 1099s and payment apps, so this is super helpful. The spreadsheet idea is brilliant - I wish I had thought of that earlier in the year. @Caleb Stone - definitely listen to Chloe here about creating that tracking spreadsheet now, even if it s'late in the year. It ll'make comparing your records to the 1099 so much easier when it arrives. And don t'stress too much - having all those Zelle screenshots puts you in a really good position if there are any discrepancies. One question though - when you mention keeping digital AND printed copies, is there a reason for both? I m'trying to figure out the best way to organize all my payment records for tax season.

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Carmen Diaz

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Great thread with lots of solid advice! I'd emphasize getting those forms filed ASAP - every day you wait adds more penalties. One thing I haven't seen mentioned yet is to make sure you're filing the correct versions of the forms for each tax year. The IRS sometimes updates form layouts between years, and using the wrong year's form can cause processing delays. Also, when you mail the returns, send each quarter's 941 in a separate envelope to avoid processing confusion. I learned this the hard way when a client's multiple quarters got mixed up in IRS processing and we had to spend months sorting out which payments were applied to which periods. If your client's business is still operating, make sure they stay current on all 2023 filings while you're catching up on 2022. The last thing you want is to fall behind again while trying to resolve the old issues. Set up quarterly reminders and consider having them make estimated deposits to avoid future problems.

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Paolo Conti

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This is excellent practical advice about using the correct form versions and separate envelopes! I'd also suggest keeping detailed records of when each return was mailed (certified mail receipts) so you can prove filing dates if the IRS ever questions the timeline. One more tip - if your client owes a significant amount across multiple quarters, consider having them open a separate bank account specifically for IRS payments and penalties. This makes it much easier to track what's been paid toward each period when those notices start arriving. The IRS sometimes applies payments in unexpected ways, and having a dedicated account with clear memo lines on each payment can save hours of confusion later when you're trying to reconcile their account with the IRS.

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CyberSamurai

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As someone who's dealt with this exact scenario multiple times, I want to stress the importance of acting quickly but methodically. Here's my step-by-step approach: 1. **Immediate Priority**: Get all 2022 forms prepared and filed within the next 30 days. The failure-to-file penalty is 5% per month (up to 25%), so every month you delay costs your client more money. 2. **Payment Strategy**: If your client can't pay the full amount immediately, still file the returns with whatever payment they can make. Partial payment shows good faith and reduces the failure-to-pay penalty from 0.5% to 0.25% per month on the remaining balance. 3. **Communication**: Once filed, don't wait for notices to pile up. Call the IRS proactively to set up a payment plan before they start collection actions. This positions your client as cooperative rather than evasive. 4. **Documentation**: Keep copies of everything - certified mail receipts, payment records, and any correspondence. You'll need this paper trail when dealing with penalty abatement requests later. The key is moving from "delinquent" to "working toward compliance" as quickly as possible. The IRS is generally reasonable when taxpayers take initiative to resolve issues rather than waiting to be caught.

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This is really helpful! I'm dealing with my first late employment tax situation and feeling overwhelmed. Your step-by-step approach makes it seem much more manageable. One question - when you say "call the IRS proactively," is this something I should do immediately after filing the returns, or should I wait until I receive the first penalty notice? I'm worried about drawing unnecessary attention to the case before they've even processed the late filings.

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