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19 The benefits your employer is offering (vacation, sick days, holidays) are actually a red flag for proper 1099 classification. True independent contractors don't typically receive these employee-style benefits because they're supposed to be running their own business and setting their own schedules. Beyond the tax implications others have mentioned, consider this: if the IRS later determines you were misclassified, you could be liable for penalties and interest on unpaid taxes. Your employer would also face significant penalties for avoiding payroll taxes. My advice? Run the numbers both ways, but also document everything about your work arrangement - hours, location, equipment used, who controls your work methods, etc. This will help determine if you're legally supposed to be W-2 or 1099 regardless of what your employer offers. The classification should be based on the actual working relationship, not what sounds financially better.

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This is a really complex situation that goes beyond just the tax math. While everyone's focused on the financial calculations, I want to emphasize what others have touched on - the legal classification issue is huge here. The fact that your employer is offering you "benefits" like vacation and sick days while calling you a 1099 contractor is a major red flag. The IRS looks at three main factors: behavioral control (do they control how you do your work?), financial control (do you have opportunity for profit/loss?), and relationship type (permanent vs project-based work, benefits, etc.). If you're doing the same job at the same location with the same schedule, just switching your tax classification doesn't make you a legitimate contractor. This could expose both you and your employer to penalties down the road. Before making any decision, I'd strongly recommend consulting with a tax professional who can review your specific work arrangement. They can help you understand not just the tax implications, but whether this classification change would even be legally defensible if questioned later. The short-term financial benefits might not be worth the long-term compliance risks.

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This is excellent advice! I'm curious though - if someone does find themselves in this situation where their employer is offering this questionable classification choice, what's the best way to approach it? Should they refuse the 1099 option outright, or is there a way to protect themselves while still considering it? I'm asking because I imagine a lot of people might be tempted by those "benefits" without realizing the compliance risks you mentioned.

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Lucas Bey

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One thing nobody's mentioned yet - you should also check if mpb.com has nexus in your state. If they don't have physical presence or economic nexus in your state, the rules might be different. Also keep in mind that some states have marketplace facilitator laws that might affect how this works. And don't forget that you might still need to FILE sales tax returns even if you don't COLLECT any tax (showing exempt sales).

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Chris King

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Thanks for bringing this up. How would I check if mpb.com has nexus in my state? And you're saying I still need to file returns even if all my sales are exempt? That's a bit confusing.

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Lucas Bey

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You can usually check with your state's department of revenue website - they often maintain lists of registered businesses or marketplace facilitators. But more practically, just ask mpb.com directly if they have nexus in your state when you request their resale certificate. Yes, in many states you still need to file returns even when your sales are exempt. You'd report the total sales and then show the exempt portion. It's annoying paperwork, but failing to file returns (even zero-tax returns) can result in penalties in many states. Some states allow annual filing for businesses with only exempt sales, which reduces the paperwork burden.

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Don't forget about the use tax side of this too! If you're paying sales tax on the cameras you buy from eBay but those cameras are inventory for resale, you might be eligible to use a resale certificate for THOSE purchases too. In most states, you can provide your resale certificate to avoid paying sales tax on items you're buying specifically for resale. This is possibly costing you money unnecessarily.

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Caleb Stark

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But how do you use a resale certificate on eBay? They don't exactly have a place to upload that during checkout. Is there some special process for marketplace platforms?

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Yuki Sato

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You're right that eBay doesn't have a standard way to upload resale certificates during checkout. For marketplace platforms like eBay, you typically have a few options: 1. Contact individual sellers directly after purchase to request a refund of the sales tax portion (providing your resale certificate) 2. Some states allow you to claim a credit on your sales tax return for tax paid on items purchased for resale 3. Look for sellers who specifically mention they can handle resale certificates in their listings The easiest approach is usually option 2 - just keep good records of what you paid in sales tax on inventory purchases and claim it as a credit when you file your sales tax returns. Your state's department of revenue can tell you the specific process for your state. It's definitely worth pursuing since those small amounts add up quickly when you're buying inventory regularly!

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How to Fix Roth IRA Over-Contribution from 2019 - Penalty and Form 5329 Questions

I recently discovered I accidentally over-contributed to my Roth IRA back in 2019 and I'm trying to figure out how to fix it. In 2019, my eligible income from my W2 (box 1) was only $5,500, but I contributed $6,900 to my Roth IRA for that tax year in early 2020 when I opened the account. So it looks like I over-contributed by about $1,400. For 2020, I contributed the full $6,000 to my Roth (which I was eligible for). But then in 2021, I only put in around $3,800 even though I could have contributed the full $6k. I've been doing some research, and it seems like I need to pay a 6% penalty for each year the excess amount stayed in my account. So that would be 2019 and 2020, but not 2021 or later because I under-contributed in 2021 by more than my previous excess amount. I think the penalty applies just to the $1,400 excess, not any earnings on it. From what I understand, I need to file Form 5329 with Part IV completed for both 2019 and 2020. I'm confused about whether I can just send these forms on their own or if I need to submit amended tax returns for those years too. For context, I filed my 2019 return by mail but have been e-filing since 2020. I haven't gotten any notices from the IRS about this issue - I just noticed it myself recently. Should I still try to fix it even though it's been a few years? Is there a statute of limitations for this kind of situation? Just trying to do the right thing here and avoid bigger problems down the road.

Don't forget that if your income was only $5,500 in 2019, you were only eligible to contribute that amount (or your earned income, whichever is less) to your Roth IRA, not the full limit which was $6,000 that year. A lot of people miss this detail - you can only contribute up to 100% of your earned income if it's less than the annual limit.

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This is such an important point! I made this exact mistake when I was working part-time during college. Thought I could put in the full $6k regardless of income. The tax software I used didn't catch it either.

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Just wanted to add a few practical tips for filing your Form 5329s based on my experience with a similar situation: 1. Mail each Form 5329 separately with its own check for the penalty amount. Don't combine years into one envelope - it can cause processing delays. 2. Calculate interest on the penalties using the IRS underpayment rates for each quarter since the original due dates. You can find these rates on the IRS website. Include the interest payment with each form. 3. Keep detailed records of everything - copies of forms, payment receipts, certified mail receipts if you use them. The IRS processing times have been longer lately. 4. Consider getting a transcript of your account after filing to confirm everything was processed correctly. You can request these online through the IRS website. The good news is that by self-correcting, you're avoiding much harsher penalties that could apply if this were discovered during an audit. The 6% excise tax is really quite reasonable compared to other IRS penalties.

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Has anyone used FreeTaxUSA for prior year returns? Their software lets you prepare previous year returns for free and tells you exactly what forms to print and mail. That's what I did for my 2022 return with capital losses, and it was pretty straightforward. Just wondering if others had good experiences with it.

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I've used FreeTaxUSA for the past 3 years including a prior year return. Super easy and it generates all the forms you need to print out. Way cheaper than TurboTax and H&R Block for basically the same service. They even have a checklist for what forms to mail and where to send them.

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Just to add another perspective - I had a similar situation last year where I needed to establish capital loss carryover from 2022. I ended up going to a local VITA (Volunteer Income Tax Assistance) site and they helped me prepare the prior year return for free. The volunteer was really knowledgeable about capital gains/losses and made sure I had everything correct before mailing it in. They also helped me understand exactly how the carryover would work for my current year taxes. If you have a VITA site near you, it might be worth checking out - especially since you mentioned being new to tax stuff. They're specifically trained to help with these kinds of situations and it doesn't cost anything. You can find locations on the IRS website. Just make sure to bring all your documents (1099s, any previous year tax returns you have, etc.).

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Just to add another perspective here - I've been dealing with multi-state partnership income for years and found that keeping a detailed spreadsheet is essential. You should track: 1. Each state where income is sourced 2. The type of income in each state (rental, business, etc.) 3. Whether the partnership itself files composite returns in each state 4. Each state's filing thresholds for nonresidents Not all partnerships handle state filings the same way. Some will file composite returns that cover your tax liability in their state, while others will just issue K-1s and expect you to handle the filings yourself. Also, don't forget that even if a state doesn't have income tax (like Nevada and Florida in your case), you might still have filing requirements if your partnership has presence in other states with income tax.

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Aiden Chen

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How can you tell from the K-1 whether the partnership files a composite return that includes your income? My K-1s don't seem to indicate this clearly, and I've been filing individual nonresident returns in each state just to be safe.

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Look for a statement or checkbox on the K-1 or supplemental information that indicates whether your share of income was included in a composite return. It's often labeled something like "Partner's income included in composite return" or similar wording. If you don't see this information, contact the partnership directly. The partnership should be able to tell you if they've included your share of income in a composite filing. If they have, they should also provide you with information about how much tax was paid on your behalf. This is important because your resident state will typically want to know this to give you proper credit for taxes paid to other states.

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Zoey Bianchi

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I think everyone is overlooking an important aspect of multi-state partnership reporting - the withholding requirements. Many states require partnerships to withhold taxes for nonresident partners, regardless of whether you ultimately need to file a return there. Check your K-1s carefully - they should indicate if any state taxes were withheld on your behalf. If taxes were withheld, you'll likely need to file a nonresident return in that state, even if you otherwise wouldn't have a filing requirement, just to get a refund of over-withheld amounts. This happened to me with a partnership that withheld Oregon state taxes at their highest marginal rate, but after applying deductions and credits, my actual Oregon liability was much lower. I had to file an Oregon nonresident return to get back about $2,300 in over-withheld taxes.

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This is a really good point. I missed this one year and realized later that one of my partnerships had withheld state taxes in Illinois that I never claimed back because I didn't file there. Do you know if there's a time limit for going back and filing to get those withholdings refunded?

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Most states have a 3-4 year statute of limitations for claiming refunds of overpaid taxes, but it varies by state. Illinois typically allows 4 years from the original due date of the return to file for a refund. So if this was from your 2020 tax year, you'd have until April 2025 to file an Illinois nonresident return and claim those withholdings. I'd recommend checking the specific statute of limitations for Illinois on their Department of Revenue website, or calling them directly. Even if you're close to the deadline, it's usually worth filing - I've seen people recover significant amounts from partnership withholdings they forgot about. Just make sure you have all the documentation from that year's K-1 showing the withholding amounts.

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