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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Sofia Price

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5 My restaurant does something weird where they add an "assumed cash tip" percentage to our reported income even when we honestly report everything. Is that legal??

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Sofia Price

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8 That sounds like what's called "allocated tips." If the total reported tips at a restaurant don't reach 8% of the establishment's gross receipts, the employer is required to allocate the difference among the employees. This is reported on your W-2 in box 8. You're still only legally obligated to pay taxes on your actual tips received, not the allocated amount. However, if the allocated amount is higher than what you're reporting, that could potentially trigger questions from the IRS. Good record keeping is your best defense.

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Been serving for about 2 years now and wanted to share what I've learned about cash tip taxes since I was in the same confused boat when I started! Yes, when you report cash tips on your checkout form, those get added to your total taxable income for that pay period. Your employer should then withhold taxes on ALL your tips (cash + credit card) from your paycheck. This is why you'll sometimes see really small paychecks even after a good night - the taxes on your cash tips are being taken out of your credit card tip money. One thing that caught me off guard early on: if you have a really good cash night but low credit card tips, there might not be enough in your paycheck to cover all the tax withholding. When that happens, you'll owe the difference when you file your taxes in April. My advice is to set aside about 25-30% of your cash tips in a separate envelope or savings account, just in case. Better to have too much saved than get hit with a surprise tax bill! Also definitely keep your own daily tip log - don't just rely on what the restaurant tracks.

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Ravi Kapoor

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This is super helpful advice! I'm also pretty new to serving (about 6 months) and that tip about setting aside 25-30% of cash tips is gold. I learned the hard way when I had a week of mostly cash tips and my paycheck was like $12 because all the tax withholding came out of my small credit card tip amount. The separate savings account idea is smart too - I've just been stuffing cash in a drawer which is definitely not the most organized approach. Do you use any particular method for tracking your daily tips or just a simple notebook?

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Margot Quinn

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Quick question - I have a settlement coming up for a car accident. I'm getting about $31k for my injuries and the insurance is paying my lawyer directly (about $12k). My lawyer said I won't owe taxes, but the insurance company mentioned something about sending a 1099. Should I be worried?

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Evelyn Kim

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You probably won't need to worry. Personal injury settlements for physical injuries are non-taxable. Sometimes insurance companies issue 1099s erroneously in these situations. If you get one, your tax preparer can help you explain on your return why that amount isn't taxable income. Just make sure to keep all your settlement documents showing it was for physical injuries.

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Sergio Neal

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Based on what you've described, you're in a good position tax-wise. Since your settlement is specifically for physical injuries and the attorney fees are being paid separately and directly to your lawyer (not through you), you likely won't owe taxes on either portion. The key factors working in your favor are: 1) Physical injury settlements are generally tax-free under IRC Section 104(a)(2), and 2) Attorney fees paid directly by the defendant to your attorney aren't considered income to you. However, I'd recommend keeping detailed records of everything - the settlement agreement showing the separate payment structure, any documentation showing the attorney fees went directly to your lawyer's firm, and confirmation that this was purely for physical injuries with no punitive damages or other taxable components. If you want absolute certainty, consider having a tax professional review your specific settlement documents before filing. Every case has unique details that could affect the tax treatment.

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Omar Zaki

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This is really helpful! I'm new to dealing with settlement taxes and was getting overwhelmed by all the different rules. One question - if my settlement agreement mentions "general damages" instead of specifically saying "physical injuries," does that change the tax treatment? The accident definitely caused physical injuries but the legal language is a bit vague.

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Lindsey Fry

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I went through an audit for this exact situation about 3 years ago, so I can share what actually happened. I had been filing HOH while living with my grandmother and supporting my two kids. The IRS selected my return for review (I think because my income seemed low for HOH status). They requested documentation showing I was maintaining a household for my qualifying dependents. I provided: - Bank statements showing regular payments to my grandmother for "rent" - Grocery receipts (I had saved most of them) - Utility bills that showed I was paying the electric and internet - School records showing my kids lived at that address - Medical records showing I was taking my kids to appointments The auditor explained that they needed to verify I was paying more than half of the household expenses for me and my kids. Since I was paying $600/month to my grandmother plus utilities and groceries, and my kids' total support was clearly more than half from me, I qualified. The key was having some documentation, even if informal. The auditor didn't care that I didn't own the house - they just wanted proof I was financially responsible for maintaining the household where my qualifying dependents lived. The audit took about 4 months but resulted in no changes to my return. Start keeping better records now if you're worried - even simple things like taking photos of receipts with your phone can help establish a pattern of support.

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This is super helpful to hear from someone who actually went through it! I'm curious - when they asked for proof of paying "more than half" of household expenses, did they give you a specific dollar amount you needed to reach, or was it more about showing a pattern of consistent contributions? I'm trying to figure out if there's like a magic number I should be hitting each month or if it's more about demonstrating ongoing financial responsibility for my portion of the household.

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Great question! The auditor didn't give me a specific dollar threshold to meet. Instead, they calculated what it would cost to maintain the portion of the household that my kids and I occupied, then compared that to what I was actually contributing. Here's how they broke it down: They estimated the fair rental value of the bedrooms we used plus our share of common areas (like if we were 3 out of 5 people in the house, we'd use 60% of common spaces). Then they added up actual household expenses - utilities, groceries, maintenance, etc. In my case, my $600 monthly payments plus utilities and groceries totaled more than half of what they calculated as "our portion" of the household costs. The key wasn't hitting a magic number, but showing that my contributions covered more than half of the actual cost of maintaining a home for me and my dependents. The auditor emphasized that it's about demonstrating you're the primary financial provider for your household unit within the larger home. So focus on consistent, documented contributions rather than trying to hit a specific monthly amount. As long as your total contributions exceed half of what it realistically costs to house and support you and your kids, you should be fine.

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Paolo Conti

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This is really helpful information from everyone who's shared their experiences! As someone who's been in a similar situation, I wanted to add that it's also worth checking if your state has any specific requirements or interpretations for HOH filing status that might differ from federal guidelines. I discovered that my state tax agency had slightly different documentation requirements during an audit a few years back. While I qualified for federal HOH status living with my parents and supporting my daughter, the state wanted additional proof that I was maintaining a separate household unit within the family home. The lesson I learned is to keep records not just of your financial contributions, but also evidence that you're running an independent household for you and your dependents - things like being the one who takes your kids to school, handling their medical appointments, buying their clothes, etc. This helps establish that you're truly the head of your own household, even if it's located within someone else's property. Also, if your parents are filing their own tax return, make sure they're not claiming any expenses that you're actually paying for. The IRS can cross-reference returns, and you want to avoid any conflicts between what you're claiming and what your parents are deducting.

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This is such a great point about state vs federal requirements! I hadn't even considered that there might be differences. Do you happen to know if there's an easy way to check what your specific state requires, or did you have to find out the hard way during your audit? I'm in California and just want to make sure I'm covering all my bases. The federal requirements seem pretty clear from everyone's explanations here, but now I'm wondering if I should be doing anything different for my state return. Thanks for bringing this up - it's definitely something I wouldn't have thought to research on my own!

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One thing no one's mentioned - if your spouse had other capital gains during the year, this loss could offset those gains. Worth checking your complete return to see if there were other investment transactions that might change how important this amendment is.

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Good point! If they had gains elsewhere, this loss would be even more valuable to report since it would directly offset those gains dollar-for-dollar before the $3,000 ordinary income limitation kicks in.

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You should definitely file an amended return for the 1099-B showing the $600 loss. Here's why it's worth it: 1. **You'll likely get money back** - That $600 capital loss can reduce your taxable income by up to $600 (assuming you don't have other capital gains to offset), which could mean an additional refund of $60-150+ depending on your tax bracket. 2. **It's required by law** - The IRS expects you to report all 1099 forms you receive, even losses. Not reporting it could potentially cause issues if the IRS notices the discrepancy. 3. **You have plenty of time** - Since you just filed, you have 3 years to amend without any penalties. For the amendment, you'll need to file Form 1040-X and include Schedule D to report the capital loss. Most states will also require an amended state return if they have income tax. The amendment fee from TurboTax might sting a bit, but you'll likely come out ahead financially, plus you'll have peace of mind knowing everything is properly reported to the IRS.

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NebulaNova

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This is really helpful, thank you! The math makes sense - even if I have to pay TurboTax's amendment fee, I'll likely come out ahead with the tax savings from the loss deduction. I'm feeling much better about this situation now. Do you happen to know roughly how long it takes for the IRS to process amended returns? I'm hoping to get this resolved before next tax season.

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Carmen Vega

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Another option as executor: check if your uncle qualified for Currently Not Collectible (CNC) status. If he had financial hardship, the IRS might have placed his account in CNC status. This doesn't stop the 10-year clock, so the debts might have expired anyway. Also, if there were any IRS errors in assessment or collection, those could potentially invalidate the debt. It's worth having a tax professional review everything before you pay anything from the estate.

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Good point about CNC status! My father-in-law's account was marked CNC for his last 5 years due to illness and limited income. The IRS didn't try to collect but the clock kept running, and by the time he passed, all his tax debts had expired under the 10-year rule.

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I'm dealing with a similar situation right now with my grandmother's estate. One thing I learned is that even if some debts have expired under the 10-year rule, the IRS might still send collection notices because their computer systems don't always automatically stop collection activities when the CSED passes. As executor, you have the right to challenge any collection attempts on expired debts. If you determine through the transcripts that certain tax years have passed their CSED, you can send a written response to the IRS citing the expired statute of limitations. Make sure to keep copies of everything and send any correspondence via certified mail. Also, don't feel pressured to pay anything immediately. Take time to get the transcripts and verify which debts are still valid. The estate administration process gives you some breathing room to sort this out properly before making any distributions to beneficiaries.

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