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I'd strongly recommend against depositing checks made out to your girlfriend into your account, even temporarily. This creates unnecessary complications and potential red flags. Here's why this is problematic: 1. **Banking violations**: Most banks prohibit depositing third-party checks without proper endorsement or joint account status 2. **Tax confusion**: The IRS could view these deposits as your income, creating documentation headaches later 3. **Audit risks**: If either of you gets audited, you'll need to prove the money wasn't yours - why create that burden? The simple solution is to help your girlfriend open her own account. Many online banks (Capital One 360, Ally, etc.) can be set up in minutes with no minimum balance. She can even deposit checks via mobile app immediately. If she absolutely can't open an account right now, she should cash the checks at the issuing bank and handle the cash herself. Don't create a paper trail that suggests someone else's income is yours - it's not worth the potential headaches down the road.
This is really solid advice! I just wanted to add that even if it seems like a hassle to set up a new bank account, it's actually protecting both of you legally. I learned this the hard way when I tried to help my sister with something similar - the bank actually flagged the deposits and froze my account temporarily while they investigated. It was a nightmare to sort out and could have been completely avoided if she had just opened her own account from the start. The peace of mind is definitely worth the 15 minutes it takes to set up an online account!
I completely agree with everyone saying to help your girlfriend set up her own bank account - that's definitely the cleanest solution. But if you're absolutely stuck in the short term, make sure you understand the documentation requirements. The key thing the IRS cares about is who actually earned the income, not whose account it temporarily goes through. Your girlfriend will need to report this income on her taxes regardless of where the checks were deposited. However, you'll want to keep detailed records showing: 1. Screenshots or copies of the original checks showing her name 2. A simple written agreement between you two stating these are her earnings that you're temporarily holding 3. Records of when/how the money was transferred back to her If the amounts add up to several thousand dollars over the year, banks are required to report certain deposit patterns to the IRS. Having clear documentation will save you both headaches if there are ever any questions. That said, most online banks really can be set up in under 30 minutes with just a phone and ID. Even credit unions often have online applications now. It's honestly less work than creating a paper trail to explain deposits that aren't yours!
Regarding your immigration status - I work at a community tax center and see this situation often. The "tax world" and "immigration world" are largely separate. Having said that, you should consider consulting with an immigration attorney separately from your tax filing. There might be paths to adjust your status that you're not aware of, especially since you initially entered legally and have been working.
Thank you so much for this perspective. I've been afraid to even look into my options. Do you think it would be better to use a tax professional for my situation or try to file myself using software?
In your situation, I'd recommend starting with a VITA (Volunteer Income Tax Assistance) site if your income is under $60,000. They provide free tax preparation by IRS-certified volunteers and are well-versed in situations like yours. They don't report to immigration authorities - they're strictly focused on helping people file taxes correctly. If you're not comfortable with that, tax software is your next best option. Look for programs that specifically handle self-employment income and can guide you through Schedule C. The key is making sure you report all your income correctly and calculate your self-employment tax properly, which is where people often make mistakes when filing themselves.
One thing no one's mentioned yet is that you should file Form 4868 ASAP to request an automatic extension if you haven't filed yet. This won't get you out of paying what you owe, but it will reduce some of the failure-to-file penalties.
But the deadline for extensions was also in April, right? Can they still file an extension now in June?
You're right - the deadline for filing Form 4868 was also April 15th, so that ship has sailed. At this point, Katherine should just file her return as soon as possible to minimize the failure-to-file penalty, which is much steeper than the failure-to-pay penalty. The IRS calculates failure-to-file at 5% per month (up to 25% max) versus failure-to-pay at 0.5% per month. The sooner she files, even if she can't pay immediately, the better off she'll be financially.
Just to add another perspective - I'm an expat who's lived abroad for years, and the foreign earned income exclusion (Form 2555) is different from your situation. That's for people who are genuine residents of foreign countries. Since your situation is a temporary absence and you intend to return to the US, you're still considered a US resident for tax purposes, which actually helps with your EIC eligibility. Make sure you don't accidentally file as a foreign resident which would definitely disqualify you from EIC.
I made this exact mistake one year - filed with the foreign earned income exclusion when I was only temporarily abroad. Ended up having to file an amended return because I misunderstood the residency rules and messed up my qualification for several credits.
Thanks for pointing this out! I definitely don't want to file the wrong forms. I was confused about whether I should be using any special forms because of being abroad, but it sounds like I should just file normally since this is a temporary situation. This whole thing gets so complicated!
Based on what you've described, you should still be eligible for the Earned Income Credit. The IRS recognizes that temporary absences due to circumstances beyond your control (like travel restrictions during emergencies) don't automatically disqualify you from EIC if you maintain your US residence and intend to return. The key factors working in your favor are: 1) Your absence was unplanned and involuntary, 2) You maintained your US ties and residence, and 3) You have clear intention to return. With only $3,800 in earned income, you're well within the income limits for EIC. Make sure to keep documentation of your situation - any records showing why you couldn't return (travel restrictions, family emergency details, etc.) and evidence that you maintained your US residence (lease payments, bank accounts, etc.). File your return as a US resident - don't use any foreign residency forms since your situation is temporary. You should be able to claim the EIC without issues, but having that documentation ready will help if the IRS ever has questions about your residency status during 2023.
As someone who made this exact switch as an audiologist, I strongly recommend having her talk to an accountant who specializes in healthcare professionals before making any decisions. There are some healthcare-specific considerations that general tax advice might miss. For example, malpractice insurance is typically covered by employers for W-2 employees but can cost $5k-$10k annually for independent contractors. Also, the Qualified Business Income deduction (Section 199A) has special limitations for healthcare professionals that might affect the calculation.
I'm a CPA who works with a lot of healthcare professionals, and this is a decision that really depends on the specific numbers and circumstances. The key factors to consider: **Tax implications:** Yes, she'd face the full 15.3% self-employment tax vs. splitting it with her employer now. But she'd also gain access to business deductions and potentially the 20% Section 199A deduction (though this has income limitations for healthcare professionals). **Benefits analysis:** Quantify what she's currently receiving - health insurance, retirement matching, malpractice coverage, paid time off. These often add 25-35% to total compensation value. **Business expenses:** The mileage between office locations could be deductible (not home commuting), continuing ed costs, home office if used exclusively for work, equipment, and professional licenses/memberships. **Quarterly taxes:** As a 1099, she'd need to make estimated quarterly payments and manage cash flow more carefully. My recommendation: Have her request the specific compensation increase needed to make 1099 worthwhile (usually 30-40% more than current W-2), then run detailed projections with a healthcare-focused CPA. The employer might decline anyway since reclassifying employees as contractors has IRS compliance risks if she doesn't meet true independent contractor criteria.
Nia Jackson
I completely understand your panic - receiving any IRS letter can be terrifying! But honestly, the 2800c letter might be exactly what you need to get back on track. Think of it this way: you've been essentially taking an interest-free loan from the IRS every year by not having taxes withheld, then scrambling to pay it back (sometimes unsuccessfully). The lock-in letter forces you to pay as you go, which eliminates that annual tax bomb. A few practical tips from someone who's been there: - Start budgeting for your smaller paychecks NOW, before the withholding kicks in - Contact the IRS to consolidate all your outstanding balances into one payment plan - Don't try to game the system anymore - the IRS is clearly watching your account The embarrassment will fade, but getting your tax situation stable will benefit you for years to come. You're still young and this is totally fixable. Many people go through similar situations and come out fine on the other side. One last thing - make sure you understand exactly when the new withholding starts. You usually have about 60 days from the letter date, so use that time to prepare your budget and get current on your payment plans.
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Yuki Nakamura
β’This is really solid advice, especially about starting to budget for smaller paychecks right now. I'm curious - when you say "contact the IRS to consolidate all your outstanding balances," is that something you can do online through their website, or do you need to call them? Given all the discussion here about how hard it is to reach them by phone, I'm wondering what the best approach is for someone in OP's situation.
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Dominic Green
I've been through this exact situation and want to reassure you - you're not alone in this mistake, and it's absolutely fixable! The 2800c letter is actually the IRS doing you a favor in the long run. Yes, it's embarrassing and your take-home pay will decrease significantly, but you'll finally stop accumulating tax debt every year. I was in a similar cycle of claiming too many allowances and owing thousands each April. Here's what I learned from my experience: 1) The letter gives you about 60 days before the new withholding takes effect - use this time wisely to adjust your budget and lifestyle 2) You can still file a corrected W-4 during this period if you want to avoid the IRS-mandated rate, but make sure you're being realistic about your withholding needs 3) Set up online access to your IRS account at irs.gov to monitor your payment plans and see exactly what you owe 4) Consider this a forced financial reset - many people struggle with the discipline to have proper withholding, and this removes that temptation The most important thing is to stay compliant going forward. Once you demonstrate a year or two of proper withholding and consistent payments on your existing debt, you can request to have the lock-in letter removed. You caught this before it got truly out of control. Some people let it go for a decade or more. You're going to be fine!
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