


Ask the community...
This is definitely unemployment fraud and you should absolutely not do this. I work in tax preparation and see the aftermath of these situations regularly. The IRS and state unemployment offices have sophisticated cross-referencing systems that will catch discrepancies between your unemployment claims and tax filings. When you file your 2025 taxes claiming a newborn dependent born in December, but also received unemployment benefits during that same period for being "laid off," that's going to trigger automatic flags in the system. The timeline will be obvious - you can't be actively seeking work while in the hospital giving birth and caring for a newborn. Beyond the fraud issue, there are legitimate options you should explore first. Many people don't realize that short-term disability insurance often covers pregnancy and childbirth recovery. Check your employee benefits package - you might already have this coverage. Also, some states have temporary disability insurance programs that provide partial wage replacement during recovery from childbirth. If your employer is genuinely experiencing financial hardship and can't provide paid leave, they should be honest about that rather than suggesting illegal workarounds. There may be legitimate ways to structure unpaid leave with partial income replacement through proper channels. Document everything about these conversations and consult with an employment attorney if needed. Your employer putting you in this position is problematic on multiple levels.
As someone new to this community, I really appreciate seeing all these detailed responses about such an important issue. This thread has been incredibly educational - I had no idea how sophisticated the cross-referencing systems are between unemployment and tax filings. @de30959ad4b5 Your point about the automatic flags when filing taxes with a newborn dependent during the same period as unemployment claims is particularly eye-opening. It seems like the technology makes it almost impossible to get away with this kind of fraud, even if someone wanted to try. The consensus here seems clear that what the employer is suggesting is absolutely not worth the risk. I'm curious though - for someone in Carmen's situation, what would be the best first step? Should she start by checking her current benefits package for short-term disability, or would it be better to contact an employment attorney first to document these problematic conversations with her employer? Thanks to everyone for sharing their knowledge and experiences. This kind of information could save someone from making a very costly mistake.
As someone who's dealt with similar employer pressure in the past, I want to emphasize how important it is to trust your instincts here. You already know this feels wrong, and you're absolutely right to be concerned. What your employer is suggesting isn't just risky - it's a federal crime. Unemployment fraud can result in criminal charges, hefty fines, and having to repay benefits with penalties and interest. The fact that they're explicitly telling you to lie about your pregnancy makes this even more serious. I'd recommend taking these steps immediately: 1. Document everything - follow up any verbal conversations with emails "confirming what we discussed" 2. Review your employee handbook and benefits package for any short-term disability coverage 3. Research your state's pregnancy/disability benefits programs 4. Consider consulting with an employment attorney, especially since your employer is pressuring you to commit fraud Remember, a good employer should be helping you find legitimate solutions, not asking you to break the law. The fact that they've suggested this before shows a pattern of problematic behavior that could put other employees at risk too. Your financial needs during maternity leave are valid and important, but there are legal ways to address them. Don't let your employer's "solution" jeopardize your future financial security and legal standing.
Has anyone used TurboTax Self-Employed for this kind of situation? I'm wondering if it handles food trucks properly or if I need something more specialized.
Great question! I went through this exact situation with my food truck last year. Since your truck is stationary and functions as a kitchen rather than transportation, it should definitely be classified as business equipment, not a vehicle. For the $54k total cost, here's what I learned: You can separate the truck base ($29k) from the kitchen equipment ($25k) for depreciation purposes. The kitchen equipment might qualify for faster depreciation schedules than the truck itself. Section 179 vs. regular depreciation really depends on your business income this year. If your food truck business is profitable enough to absorb the full $54k deduction, Section 179 gives you the biggest immediate tax benefit. But if your business income is lower, regular depreciation might be smarter since it spreads the benefit over multiple years when you might be more profitable. Don't forget to keep detailed records of those 15k business miles on your personal vehicle - that's a separate deduction using the standard mileage rate. One tip: Consider consulting with a tax professional who specializes in small food businesses. The classification rules can be tricky, and getting it right the first time will save you headaches later!
This is really helpful advice! I'm curious about the separation you mentioned between the truck base and kitchen equipment - how do you actually document that split for the IRS? Did you need separate receipts or invoices, or is it okay to estimate the breakdown after the fact? I'm in a similar situation where I bought everything as one package deal from the previous owner.
I just wanted to add another perspective to this discussion - if you're still having trouble getting your employer to cooperate, you might also want to document the financial impact this has had on you as an F-1 student. When I was dealing with a similar FICA withholding issue, I calculated not just the $2,100 that was incorrectly taken from my paychecks, but also the opportunity cost of that money (like interest I could have earned, or how it affected my ability to pay for textbooks and living expenses). I included this in my formal request to HR, emphasizing that as an international student with limited income sources, these incorrect deductions created genuine financial hardship. Sometimes framing it in terms of the real-world impact on your education and living situation helps HR understand the urgency beyond just the technical compliance issues. They realized that holding onto money that was never legally theirs in the first place was causing actual harm to a student's academic experience. Also, don't forget to keep detailed records of all your communications about this issue - dates, names of people you spoke with, and their responses. If you do end up having to file Form 843 directly with the IRS, having a clear timeline of your attempts to resolve this with your employer will strengthen your case significantly. Good luck with getting this resolved! The combination of proper legal citations, escalation to the right people, and clear documentation of the impact should get you that $2,300 back.
This is such a comprehensive approach! I hadn't thought about documenting the broader financial impact, but you're absolutely right - as students, that incorrectly withheld money often goes toward essential expenses like rent, groceries, and textbooks. The opportunity cost angle is particularly smart. Even just putting that money in a high-yield savings account would have earned interest over those 10+ months. And for international students who can't easily get credit cards or loans, having cash flow disrupted by incorrect withholding can force difficult choices between academic materials and basic living expenses. I'm definitely going to include a brief section about financial impact in my formal HR request, along with all the regulatory citations others have mentioned. Having both the legal compliance argument AND the human impact story should make it much harder for them to dismiss or delay the correction. Thanks for the reminder about documentation too - I've been keeping screenshots of all my email exchanges, but I should also create a simple timeline document that shows exactly when I discovered the error, when I first contacted payroll, their response, etc. That kind of organized record-keeping will be invaluable if this escalates further.
I went through almost the exact same situation about two years ago - F-1 student with CPT, employer incorrectly withholding FICA taxes for nearly a year, and payroll initially refusing to fix it. The advice here is spot-on, but I wanted to add one more strategy that really helped me get results. After escalating to HR with all the proper documentation (Form 941-X references, IRS Publication 519, Treasury Regulation citations), I also requested a meeting with both HR and a representative from their legal/compliance team. I framed it as wanting to ensure the company was fully compliant with IRS regulations regarding international employees. During that meeting, I presented a one-page summary showing: 1. The specific IRS regulations requiring FICA exemption for F-1 CPT students 2. The company's legal obligation to correct withholding errors once discovered 3. The potential compliance risks of not correcting known errors 4. The straightforward solution (Form 941-X filings) Having their legal team in the room made all the difference - they immediately understood the compliance implications and directed payroll to process the corrections within two weeks. I think sometimes payroll departments don't realize that refusing to correct known tax errors could expose the company to regulatory scrutiny. The total process took about a month from escalation to receiving my $1,950 refund, but having that legal/compliance perspective really accelerated things. If your company has a legal department or compliance officer, definitely try to get them involved in the conversation.
This is brilliant advice about involving the legal/compliance team! I never would have thought to frame it as a compliance risk discussion rather than just a payroll correction request. Getting them to see it from a regulatory liability perspective rather than just "employee wants money back" probably makes them take it much more seriously. The one-page summary format you described sounds perfect - concise, professional, and focused on the company's obligations rather than just the employee's rights. I'm definitely going to adapt this approach when I escalate to HR next week. Do you remember if you included any specific language about potential IRS scrutiny, or did you keep it more general about "compliance risks"? Also, did you find it helpful to suggest the meeting format upfront, or did you start with a written request and then ask for a meeting if they seemed hesitant? I'm trying to figure out the best sequence for escalation that shows I'm serious but not unnecessarily confrontational. Thanks for sharing such a detailed and successful strategy - it's reassuring to know that persistence with the right approach really does work for these situations!
I kept the compliance language fairly general - something like "ensuring full compliance with IRS regulations for international employee taxation" and "addressing potential regulatory concerns regarding known withholding errors." I found that being too specific about penalties or scrutiny could come across as threatening, which might make them defensive rather than cooperative. For the sequence, I actually started with a formal written request to HR that included a line like "I would welcome the opportunity to discuss this compliance matter with the appropriate team to ensure a prompt resolution." This let them know I was open to a meeting while still documenting everything in writing first. When they responded (somewhat reluctantly), I then suggested including their compliance/legal team "to ensure we're addressing all regulatory requirements properly." The key was positioning myself as helping them stay compliant rather than challenging them. I even said something like "I want to make sure we handle this correctly to protect the company from any potential issues with the IRS." It's amazing how much more receptive people become when you frame it as being on the same team working toward proper compliance rather than adversaries fighting over money. One more tip - I brought printed copies of all the relevant IRS publications and regulations to the meeting, already highlighted and tabbed. Being that prepared really reinforced that this was a serious compliance matter, not just a casual request.
Just to add a potentially useful resource - publication 556 "Examination of Returns, Appeal Rights, and Claims for Refund" has detailed information about the limitations on refund claims. The key section for your case would be the "Time for Filing a Claim for Refund" portion. Also look into "protective claims" which are sometimes allowed even after limitations periods have passed if there were special circumstances. Not sure if your situation qualifies, but worth investigating. If you filed during COVID, there were also special extensions to some filing deadlines that might potentially apply to your situation. The IRS issued several notices extending various deadlines.
Thank you for these suggestions. I'll definitely look into publication 556 and the protective claims option. My filing in 2021 was during COVID, so I'll also research if any of those special provisions might apply to my situation. Do you think it would be worth hiring a tax attorney for a $75K issue like this? Or should I try working through IRS channels first?
For $75K, I would absolutely consult with a tax attorney who specializes in IRS disputes - many offer free initial consultations. Try to find someone who has specific experience with statute of limitations issues and refund claims. You should simultaneously pursue IRS channels since there are strict time limits on certain appeals. Start with a formal written request for reconsideration that clearly lays out why you believe the statute of limitations shouldn't apply in your case. Be extremely specific about timelines, payment designations, and any COVID-related provisions that might apply. The Taxpayer Advocate Service can also be extremely helpful as a third option - they're designed to help with exactly these kinds of issues where standard IRS procedures have resulted in unfair outcomes.
I'm really sorry you're going through this - $75K is an enormous amount to lose to a technicality. While the statute of limitations rules are unfortunately strict, there might be some avenues worth exploring given the amount involved. One thing that stands out to me is that you consistently elected to keep overpayments with the IRS rather than taking refunds - this shows a clear pattern of intending to maintain credit balances for future tax obligations. Some courts have distinguished between different types of payments and credits in similar cases. Have you looked into whether any of the COVID-related relief provisions might apply to your timeline? The IRS issued numerous deadline extensions and special procedures during 2020-2021 that could potentially affect limitation periods. Also, consider whether there were any IRS processing delays or errors that contributed to this situation. If you can document that the IRS failed to properly process your returns or apply your payments in a timely manner, that might provide grounds for an exception. Given the amount involved, I'd strongly recommend consulting with a tax attorney who specializes in statute of limitations cases before accepting this outcome. Many offer free consultations and could quickly assess whether you have viable options for recovery. Don't give up yet - $75K is worth fighting for, and there are specialized advocates who deal with exactly these types of IRS disputes.
This is such a frustrating situation, and I really feel for you dealing with this bureaucratic nightmare. The fact that you were being responsible by keeping money with the IRS instead of taking refunds only to potentially owe later makes this even more maddening. I'm curious - when you say you've been doing this pattern for years of rolling over overpayments, do you have documentation of previous years where this worked without issue? If the IRS accepted and applied these credit elections in prior years without problems, that might help establish that their current interpretation is inconsistent with their own past practices. Also, have you requested a complete account transcript for all the relevant years? Sometimes there are processing entries or notes in the IRS system that aren't visible to frontline agents but could be crucial for an appeal. The transcript might show exactly how and when they handled your payments, which could reveal processing errors or inconsistencies. One more thought - if you can demonstrate that following the IRS's own guidance led to this situation (like if their forms or publications suggested that credit elections would preserve your funds), that might be grounds for arguing they should be estopped from enforcing the strict limitation period against you. Definitely agree with the attorney recommendation - $75K is absolutely worth professional help, especially since there may be procedural deadlines for appeals that you can't afford to miss.
Zoe Papadakis
Your friend needs to act fast - the longer he waits, the worse this gets. I've seen similar cases where foreign LLC owners thought they could just ignore US tax obligations, and it rarely ends well. First, he absolutely needs to find out his current status. The IRS transcript request is the fastest way - he can get it online or by fax. If penalties have already been assessed, interest is accruing daily at around 8% annually. Regarding just walking away - this is a terrible idea. Even if he's not planning to return to the US, the IRS has increasing cooperation with foreign tax authorities. Argentina has tax information exchange agreements with the US. Plus, if he ever wants to do business with US entities again or travel here, unpaid tax debts will follow him. The smart move is voluntary disclosure with a reasonable cause statement. For a first-time filer who genuinely didn't understand the requirements, there's a good chance of getting significant penalty relief. But he needs professional help - this isn't a DIY situation given the amounts involved. Don't let him panic into making a decision he'll regret for decades. The IRS would rather have someone in compliance than chase uncollectable debt overseas.
0 coins
Keisha Jackson
ā¢This is excellent advice. I've been following this thread because I'm dealing with a similar situation with my German business partner's LLC. The key point about Argentina having tax information exchange agreements with the US is something people often overlook - it's not like he can just disappear into the void. @52aa668d89da You mentioned voluntary disclosure with reasonable cause - do you know if there's a specific timeframe where this approach works best? Like, is there a point where waiting too long makes the IRS less likely to accept reasonable cause arguments? Also, for anyone else reading this - the daily interest accrual point is crucial. Even if you think you can negotiate the penalties down, that interest keeps building while you're figuring things out.
0 coins
Jungleboo Soletrain
I went through something very similar with my French business partner's LLC last year. The $25k per year penalties are no joke, but there are definitely options before considering just walking away. For checking penalty status without physical mail access, your friend should immediately request IRS transcripts online at irs.gov. He'll need to verify his identity, but this will show exactly what's been assessed against the LLC. The transcript will include any penalties, notices, and payment history. Regarding just not paying - this is really risky even for foreign nationals. The IRS has been getting much more aggressive about international collections, especially with LLCs that have US bank accounts or assets. They can freeze those accounts, file liens, and as others mentioned, tax treaties mean this could follow him internationally. The better path is definitely voluntary disclosure with a strong reasonable cause statement. I've seen cases where penalties were reduced by 70-90% when the taxpayer came forward proactively. Key factors that helped: demonstrating good faith effort to comply, showing it was due to unfamiliarity with US tax law rather than willful neglect, and having a clear plan for future compliance. He should also consider whether the LLC actually had reportable transactions - sometimes the penalties can be challenged if there were truly no reportable events, though this is fact-specific. Get professional help ASAP - the interest meter is running and early action makes all the difference in penalty abatement requests.
0 coins
Madison King
ā¢This is really helpful perspective from someone who's actually been through it. The 70-90% penalty reduction you mentioned gives me hope for similar situations. One question - when you say "reportable transactions," are you referring specifically to transactions between the foreign owner and the LLC, or does this include things like the LLC paying regular business expenses? I'm trying to understand if having minimal business activity might actually help reduce the penalty exposure in some cases. Also, did your French partner end up needing to file amended personal returns as well, or was this purely a business-level issue? Trying to get a sense of how complex this gets beyond just the Form 5472.
0 coins