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You might want to look into whether you qualify as an independent contractor rather than an employee. Many PCAs are actually misclassified. If you're actually an independent contractor, you'd handle your own taxes through quarterly estimated payments anyway, and this might simplify things for you going forward. The IRS has a form called SS-8 that helps determine proper worker classification. Worth looking into since your intermediary is already failing at basic employer responsibilities!
This is terrible advice! PCAs paid through state programs and fiscal intermediaries are almost always W-2 employees by law, not independent contractors. Filing an SS-8 could create huge problems with their employment status and benefits. The issue here is getting proper withholding, not changing classification.
I'm dealing with a similar situation right now and wanted to share what I've learned from calling the IRS directly. When your employer fails to withhold taxes despite proper W-4 submission, you can actually request what's called a "lock-in letter" from the IRS. This is a formal notice that the IRS sends to your employer specifying exactly how much must be withheld from your paychecks. To get this, call the IRS at 1-800-829-1040 and ask for the "employee protection" department. You'll need to provide documentation that you submitted proper W-4 forms and that your employer ignored them. The IRS takes this pretty seriously since employers are legally required to follow valid withholding instructions. Also, since you're working through DSS as a PCA, you might have additional protections under your state's labor laws. Many states have specific regulations about how fiscal intermediaries must handle payroll for state-funded positions. I'd recommend contacting your state's Department of Labor wage and hour division - they often have more teeth than just complaining to DSS directly. Keep fighting this! You shouldn't have to bear the burden of your employer's failure to follow basic tax laws.
Have you looked into making an S-corp election? I deliver for UberEats full time and switched to an S-corp structure last year. Saved me about $4500 in self-employment taxes. Basically you form an LLC, elect S-corp tax treatment, pay yourself a reasonable salary (which still gets regular employment taxes), but then you can take the rest as distributions which AREN'T subject to self-employment tax. There are some costs involved with setup and you need to run payroll, but if you're making $40k+ it's often worth it.
Hey Sophia! I totally get the panic - I was in your exact shoes two years ago making around $38k with delivery apps. The good news is it's not as scary as it seems once you understand the basics. Here's the real deal: You won't owe 30-40% to the IRS. That person was probably mixing up gross vs net income. As a gig worker, you'll pay self-employment tax (about 15.3%) plus regular income tax on your profits AFTER deductions. With proper deductions (especially mileage), your effective tax rate will likely be closer to 15-20%. Your mileage tracking in a notebook is perfect! That's going to be your biggest deduction. Also track things like: - Phone bill (business portion) - Insulated delivery bags - Car washes if you clean your car for work - Any other delivery-related expenses For the quarterly payments - yes, you should have been making them, but don't panic. The penalty isn't huge for first-time situations, especially if you file and pay on time. Going forward, set aside about 25% of your earnings each week for taxes. One last tip: consider getting help this year since it's your first time. Whether that's a tax pro, software designed for gig workers, or even calling the IRS directly for guidance. It's worth the investment to get it right and understand the process for next year. You've got this! The tax stuff seems overwhelming at first but becomes routine once you learn the system.
This is really helpful advice! I'm also doing delivery work (about 6 months now) and had no idea about some of these deductions. Quick question - when you say "business portion" of the phone bill, how do you figure out what percentage counts? Like if I use my phone 50% for deliveries and 50% personal, can I deduct half the bill? And do I need to keep super detailed records or is an estimate okay?
This is such a frustrating situation, but you're definitely not alone in dealing with this. As someone who's been through similar partnership disputes, I'd strongly recommend documenting everything right now - save all those unanswered emails and voicemails as proof of your good faith efforts. The extension route mentioned earlier is probably your safest bet given the timeline. Form 4868 buys you six months to sort this out properly, and the penalties for underpaying estimated taxes are usually much smaller than the penalties for not filing at all. One thing I'd add - if your fiancΓ©e has bank records showing any distributions or payments from the LLC during the tax year, those can help support whatever estimates she makes. The IRS understands that sometimes partners don't cooperate, but they want to see you made reasonable efforts to comply. Has she tried reaching out to any other business contacts who might know the LLC's accountant? Sometimes going through a mutual connection can break the ice when direct communication isn't working.
That's a really good point about the bank records - I hadn't thought about using distribution records as supporting documentation. She did receive a couple of small payments last year that were deposited directly to her account, so we have those bank statements. We haven't tried the mutual connection approach yet, but that's actually brilliant. Her ex's brother is still friendly with us and works in accounting, so he might know their tax preparer personally. Sometimes a friendly conversation can accomplish more than all the formal requests in the world. The extension is looking more and more like the smart move here. Better to have breathing room to handle this properly than to rush and make mistakes. Thanks for the practical advice!
This situation is unfortunately more common than you'd think, especially with dissolved partnerships. Your fiancΓ©e absolutely should not ignore this - the IRS will expect her to report her share of partnership income regardless of whether she receives the K-1. Here's what I'd recommend based on similar cases I've seen: 1. **File an extension immediately** - Form 4868 gives you until October 15th, but remember any taxes owed are still due April 18th. Estimate conservatively based on prior years. 2. **Create a paper trail** - Send one final certified mail request to both the ex-spouse and the LLC's registered address demanding the K-1. Reference her ownership rights and legal obligation to file taxes. Keep the receipt. 3. **Gather supporting documents** - Previous K-1s, operating agreement, bank statements showing distributions, any correspondence about the business. This establishes her ownership percentage and income pattern. 4. **Consider legal consultation** - A business attorney can send a formal demand letter which often gets faster results than personal requests. Many offer free consultations for straightforward cases like this. The key is showing the IRS she made good faith efforts to obtain required documents. Don't let her ex-spouse's non-cooperation derail her tax compliance - there are ways to handle this properly even without their cooperation.
Make sure you don't just throw these away! The IRS computers will think the estate still owes estimated payments and will start generating automated penalty notices if you ignore them. Happened to my neighbor and it took him almost a year to resolve the mess.
This is 100% accurate. My client ignored similar notices for his father's estate and ended up with penalty notices totaling over $3,200 for "missed" quarterly payments. The IRS eventually removed them after we provided documentation, but it was a complete headache that could have been avoided.
I went through this exact same situation with my mother's estate about two years ago. The IRS kept sending Form 1041-ES vouchers even though we had properly closed the estate in 2020. What worked for me was sending a certified letter to the IRS with copies of the final Form 1041 (clearly marked "Final Return"), the court order closing the estate, and a brief explanation that the estate had been fully distributed and closed. I included the estate's EIN and my contact information as executor. The key thing is to act quickly - don't let these sit around. The IRS automated system will start generating penalty notices if it thinks estimated payments are being missed. It took about 6-8 weeks after I sent the documentation, but I eventually received a letter confirming they had updated their records and would stop sending the vouchers. Keep copies of everything you send and use certified mail with return receipt so you have proof they received it. This is definitely fixable, just needs the right paperwork to get their system updated.
This is really helpful to know the timeline - 6-8 weeks is longer than I was hoping but at least there's a clear resolution. Did you have any trouble getting a copy of the court order closing the estate after all that time? I'm not sure if I still have all those documents readily available from 2019.
Lucas Bey
Just wanted to add another perspective here - I work as a tax preparer and see wash sale confusion constantly during tax season. The key thing to remember is that wash sales don't increase your taxes, they just defer losses to future years. In your case with the $55,786.95 net gain, that's exactly what you'll report on Schedule D. The $373,152.71 in disallowed wash sale losses aren't "lost forever" - they've been added to the cost basis of your replacement shares. When you eventually sell those shares (without triggering another wash sale), you'll get to use those deferred losses. One tip: if you're an active trader, consider using specific identification for your lots rather than FIFO. This gives you more control over which shares you're selling and can help minimize unintended wash sales. You can usually change this setting in your brokerage account preferences. Your 1099-B is correct as presented - just use that net gain figure and you're good to go!
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Anastasia Romanov
β’@Lucas Bey, this is exactly the kind of professional insight I was hoping to find! So just to confirm - when I eventually sell those replacement shares that have the adjusted cost basis, those previously disallowed losses will finally be recognized and help offset any gains? And regarding the specific identification vs FIFO question that @Carlos Mendoza asked - I m'curious about this too. I do quite a bit of trading and if there s'a way to minimize accidental wash sales through lot selection, that would be incredibly helpful. Could you elaborate on how specific identification works in practice?
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Kara Yoshida
β’@Lucas Bey Absolutely! When you sell those replacement shares, the previously disallowed losses become part of your cost basis, which means they ll'reduce your taxable gain or (increase your deductible loss at) that time. Regarding specific identification vs FIFO - FIFO First (In, First Out automatically) sells your oldest shares first. Specific identification lets you choose exactly which lots/shares to sell. This is huge for tax planning! For example, say you bought ABC stock on Jan 1st at $100/share and again on Feb 1st at $120/share. If ABC is now trading at $110 and you want to sell some shares: - FIFO would sell the Jan 1st shares creating (a $10/share gain -) Specific ID lets you sell the Feb 1st shares creating (a $10/share loss This) control helps you avoid wash sales by ensuring you re'not inadvertently selling at a loss when you have recent purchases of the same security. Most brokerages let you change this setting online or by calling them. @Carlos Mendoza @Anastasia Romanov Hope this helps clarify both concepts!
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Luca Bianchi
I went through a very similar situation last year with even larger wash sale amounts and completely panicked thinking I owed way more in taxes than expected. After reading through all the helpful responses here, I can confirm what everyone is saying is correct. The key insight that finally clicked for me was understanding that wash sales don't create additional taxable income - they just defer losses to future tax years. Your brokerage has already done all the complex math to arrive at that net gain figure of $55,786.95, which includes all the wash sale adjustments. One additional tip I learned the hard way: if you're planning to do any tax-loss harvesting near year-end, be very careful about the 30-day wash sale window extending into the new year. I accidentally triggered some wash sales in early January that affected my prior year's return, and I didn't realize it until I was already filing. Also, definitely keep detailed records of all your trades. The IRS explanations are confusing, but having a paper trail makes everything much clearer if you ever need to review the calculations or face an audit. Your $55,786.95 net gain is what you'll report on Schedule D - that's it!
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Yara Assad
β’Thanks for sharing your experience @Luca Bianchi! This whole thread has been incredibly helpful. I was getting really stressed thinking I might owe taxes on both the net gain AND somehow need to account for that $373k wash sale amount separately. Your point about the 30-day window extending into the new year is something I hadn't considered. I do some trading in December/January so I'll definitely need to be more careful about that timing. One quick follow-up question for anyone who might know - if I had wash sales that crossed over from December to January, would those show up on this year's 1099 or next year's? I'm wondering if I need to double-check anything for potential cross-year wash sale issues. But the main takeaway I'm getting is: report the $55,786.95 net gain on Schedule D and I'm done. The wash sale complexity has already been handled by my brokerage. Such a relief!
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