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Check your state laws too! Some states have additional protections for employee reimbursements. In California, for example, Labor Code Section 2802 requires employers to reimburse employees for all necessary expenses incurred while performing their job duties. Your state might have something similar.
Good point about state laws. Also, if enough money is involved across all drivers, might be worth consulting with an employment attorney. Many offer free initial consultations and might take a case like this on contingency if there's a clear violation.
This is a frustrating but unfortunately common issue in the delivery industry. Your employer is definitely making a mistake that's costing everyone money. When mileage reimbursements are handled correctly under an "accountable plan," they should be completely tax-free for both you and your employer. The key requirements for an accountable plan are: 1) the reimbursement must be for legitimate business expenses, 2) employees must substantiate the expenses (like tracking miles), and 3) any excess reimbursements must be returned. Since you're getting paid below the federal mileage rate and presumably tracking your deliveries, this should easily qualify. I'd suggest documenting everything - your actual mileage, the reimbursement rate you're receiving, and how it's being reported on your paystubs. Then approach your employer with IRS Publication 463 which clearly explains how mileage reimbursements should work. Emphasize that fixing this will save THEM money too on payroll taxes. If that doesn't work, you might need to file amended tax returns for previous years to recover overpaid taxes, though that's more complicated. The main thing is getting it fixed going forward so you're not artificially inflating your taxable income with money that's just covering your car expenses.
This is really helpful advice! I'm wondering though - when you say "file amended tax returns for previous years," how far back can you actually go? And is there a statute of limitations on getting those overpaid taxes back? I've been dealing with this same issue for about 2 years now and I'm curious if it's worth the hassle to try to recover those past overpayments or if I should just focus on getting it fixed going forward. Also, do you know if there are any penalties for employers who consistently misclassify reimbursements like this? It seems like if it's such a clear-cut issue, there should be some consequences for businesses that keep doing it wrong.
One important thing no one has mentioned: if you go to a TAC office, you MUST call ahead for an appointment specifically for ITIN services. You can't just walk in for this service. Also, if your spouse entered the US on any kind of visa that allowed work (even if she's not working), she might actually qualify for an SSN instead of an ITIN. Worth checking that angle first since an SSN is way more useful long-term.
Thanks for mentioning this! Does anyone know how far in advance you need to schedule TAC appointments? Are they booking weeks out or can you usually get something within a few days?
In my experience, TAC appointment availability varies dramatically by location. In major cities, you might need to book 3-4 weeks out, especially during tax season (January-April). In smaller offices, you might get an appointment within a week. If you're flexible with timing and location, check multiple nearby TAC offices if possible. Sometimes one office will be booked solid while another 30 minutes away has openings. The online appointment system doesn't always show all available slots, so calling can sometimes yield better results than booking online.
I went through this exact situation with my husband from Germany two years ago, and I completely understand your stress about the passport! Here's what we learned: The key is definitely using a Taxpayer Assistance Center (TAC) appointment. You can get an ITIN without any US income - we did it specifically for future joint filing benefits even though my husband wasn't working yet. A few practical tips from our experience: - Book your TAC appointment as early as possible (we had to wait 3 weeks in our area) - Bring your completed tax return, the W-7 form, passport, marriage certificate, and maybe a utility bill showing both names - The appointment took about 45 minutes total, and they made certified copies of everything right there - We got the ITIN about 6-7 weeks later One thing that really helped us was calling the IRS beforehand to confirm exactly what we needed to bring. The agent was super helpful and walked us through the process step by step. Don't stress too much - thousands of people go through this process successfully every year. The TAC route is definitely the safest way to handle original documents, and the agents there are experienced with ITIN applications for spouses.
This is really helpful! I'm curious about the call you made to the IRS beforehand - how long did it take to get through to someone? I've been dreading having to call them because I've heard the wait times are terrible. Also, when you brought the utility bill with both names, was that something they specifically asked for or just something you brought as extra documentation?
The IRS call actually wasn't as bad as I expected - I got through in about 45 minutes, which seemed reasonable compared to horror stories I'd heard. I called early in the morning (around 8 AM) which might have helped with wait times. The utility bill was something we brought as extra documentation, not specifically requested. The IRS agent at the TAC didn't actually need it, but they appreciated that we were thorough. The main documents they cared about were the passport for identity verification and the marriage certificate to establish the spousal relationship. One tip - when you call the IRS, ask them specifically about what supporting documents to bring for your situation. They can give you a personalized checklist based on your circumstances, which really helped us feel prepared for the appointment.
Ugh, I made a HUGE mistake with this last year. I got a 1099-K from PayPal for about $8,500 in sports betting deposits and freaked out, so I just reported it all as "Other Income" without deducting my losses. Basically paid taxes on money that was just moving between accounts. Anyone know if I can still file an amended return for 2024? And what forms I would need to do that?
You can file an amended return using Form 1040-X. You generally have 3 years from the original filing deadline to amend a return, so you're definitely still within the window for 2024 taxes.
This is exactly why proper record-keeping is so crucial for online gambling! I went through a similar situation with BetRivers and Cash App transactions last year. The key thing to remember is that the 1099-K threshold dropped to $600 in 2022, so a lot more people are getting these forms now who never received them before. This is causing massive confusion because people think they owe taxes on the full amount shown. One thing I'd add to the great advice already given - if you're planning to continue sports betting, consider opening a dedicated bank account just for gambling transactions. This makes it much easier to track deposits, withdrawals, and actual net gains/losses for tax purposes. It also helps separate your gambling activity from your regular finances, which can be helpful if the IRS ever has questions. Also, don't panic about the 1099-K! The IRS is aware that these forms often show transaction volume rather than taxable income, especially for gambling and online sales. As long as you report your actual gambling winnings correctly and keep good documentation, you'll be fine.
Great advice about the dedicated bank account! I wish I had thought of that before this mess. Quick question though - if I set up a separate account now for future betting, do I need to report that to the IRS somehow? Or is it just for my own record keeping purposes? Also, you mentioned the $600 threshold - does that mean if I keep my annual deposits under $600 I won't get a 1099-K? Or is it based on something else?
I went through this exact same situation a few years back and understand the anxiety! The good news is that delays with IRS direct debit payments are extremely common, especially during peak filing season. As others have mentioned, the IRS can take anywhere from 3-14 business days to actually process the withdrawal, even though your payment is considered "on time" based on the date you scheduled it. A few things that helped me feel more confident about the situation: 1. Keep all your TurboTax confirmation emails showing the payment was scheduled for the due date 2. Take screenshots of your bank account showing sufficient funds were available on the scheduled date 3. Check your IRS account transcript online - you should see a transaction code indicating the payment is scheduled The most important thing to remember is that as long as you submitted everything by the deadline and had sufficient funds available, you won't face penalties even if the actual withdrawal happens weeks later. The IRS goes by your submission date, not the processing date. If you're really concerned after 2+ weeks, the suggestions about checking your tax transcript or using services to get through to the IRS can give you peace of mind, but in most cases the payment will just appear in your account eventually without any issues.
Thank you so much for this detailed breakdown! This is exactly what I needed to hear. I've been checking my bank account multiple times a day for the past week and getting more anxious each time I don't see the withdrawal. I do have all my TurboTax confirmation emails saved, and I made sure to keep sufficient funds in the account well beyond the scheduled date. It's reassuring to know that the IRS considers the payment on time based on when I scheduled it, not when they actually process it. I think I'll check my IRS transcript like you suggested - that sounds like a good way to confirm everything is properly queued up on their end. Thanks for sharing your experience and helping calm my nerves about this!
I'm dealing with this exact same situation right now! Filed my return through TurboTax about 8 days ago with a direct debit scheduled for the due date, and I keep checking my bank account expecting to see the withdrawal but nothing yet. Reading through all these responses is really helpful - it sounds like delays of 1-2 weeks are completely normal, especially during busy filing season. I had no idea the IRS could take this long to actually process payments even though they consider them "on time" based on the scheduled date. I'm definitely going to check my IRS account transcript like several people suggested to see if I can spot that transaction code 768 that indicates the payment is queued up. And I'll make sure to keep all my TurboTax confirmation emails just in case I need them later. Thanks to everyone who shared their experiences - it's reassuring to know this is a common issue and not something to panic about. I was starting to wonder if I'd made some mistake with my banking information, but it sounds like it's just the IRS being slow to process everything.
Alina Rosenthal
Just went through this exact situation last year! The shock to the paycheck is real - we weren't prepared for how much the taxes would increase beyond just the premium amount. One thing that really helped us was requesting a "benefits statement" from HR that breaks down both the employee and employer portions of the insurance costs. This gave us the exact dollar amount being added as imputed income, which made calculating the tax impact much clearer. Also, if your partner's company offers a cafeteria plan or FSA, you might be able to use pre-tax dollars for some medical expenses to offset some of the tax burden. It won't help with the imputed income piece, but every bit helps when you're dealing with the double taxation on domestic partner benefits. The silver lining is that this will all be much clearer when you get the W-2 next year - you'll see exactly how much was added as imputed income in Box 1 (wages) versus what would have been there without the domestic partner coverage.
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Manny Lark
ā¢This is really helpful advice! I'm curious about the cafeteria plan option you mentioned - can you use FSA funds for premiums, or just for out-of-pocket medical expenses? We're trying to find any way to reduce the tax burden since the imputed income piece is unavoidable. Also, when you say the W-2 will show the imputed income in Box 1, does that mean it gets added to regular wages? I'm worried this might push us into a higher tax bracket come filing time, especially since this is happening mid-year and we haven't been planning for the extra taxable income.
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Diego Ramirez
ā¢@Manny Lark Unfortunately, FSA funds can t'be used for insurance premiums - only for qualifying medical expenses like copays, deductibles, prescriptions, etc. The premium payments have to come from after-tax dollars for domestic partner coverage. However, you re'right to be concerned about the tax bracket impact! The imputed income does get added to your regular wages in Box 1 of the W-2, so it could potentially push you into a higher bracket. This is especially tricky mid-year since your withholding calculations weren t'set up for the extra income. I d'recommend using the IRS withholding calculator to see if you need to adjust your W-4 to avoid owing money at tax time. You might want to increase withholding on your partner s'regular paycheck to account for the additional tax liability from the imputed income. It s'better to slightly overwithhold than get hit with a big tax bill next April!
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James Johnson
Just wanted to add another perspective on tracking these costs - I found it helpful to create a simple spreadsheet comparing my partner's paychecks before and after adding domestic partner coverage. What really opened my eyes was looking at three key numbers: 1) The obvious premium deduction ($230 in your case), 2) The imputed income amount (which should show up somewhere on the paystub, even if it's coded weirdly), and 3) The actual tax increase on both the premium AND the imputed income. One thing I wish someone had told me upfront - the "catch-up" payments you mentioned for the first two months might also affect how much extra tax gets withheld. Your partner's payroll system might be calculating withholding as if she's going to earn that higher amount every paycheck for the full year, which could result in over-withholding that you'd get back as a refund. If the tax hit is really severe, you might also want to look into whether her company offers any domestic partner benefits that could help offset some of the cost, like dependent care assistance or commuter benefits. Every little bit helps when you're dealing with the federal tax penalty for not being legally married!
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