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Need help understanding how IRS Form 8919 works for employee misclassification

Hey everyone, I'm pretty clueless when it comes to taxes. Even though I've been working since I was 19 (I'm 24 now), I still struggle with basic tax stuff and usually have my mom handle my tax returns. I started working for my uncle's small medical practice as his office admin back in March. Before me, he didn't have any actual "employees" - just independent contractors - so he had no system set up for withholding taxes from paychecks. I figured we'd sort it out before I earned too much to worry about owing a bunch next year, but then COVID flared up again and the Department of Labor got swamped with claims. My uncle has apparently submitted paperwork to be able to withhold my taxes, but we're stuck in limbo waiting to hear back from the DOL. I've tried calling the state multiple times but either get disconnected or listen to ringing for literally an hour before giving up. I've been trying to research this myself but honestly get lost in all the tax jargon. I've come across Form 8919 for misclassified employees, but I don't really understand how it works? Does Form 8919 somehow retroactively withhold my share of taxes? Or am I completely misunderstanding what it does? Will filing this form prevent me from owing a ton when tax time comes? I've been setting aside about 20% of each paycheck following my mom's advice, but with my hours being cut recently, it's getting hard to keep that up. Really worried about getting slammed with a huge tax bill next April :

Has anyone had success filing Form 8919 without having an official determination from the IRS or DOL? My employer is clearly treating me as an employee (sets my hours, provides equipment, etc.) but refuses to classify me properly, and I can't wait months for an official determination before filing.

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Yes! I used Classification Code H on Form 8919 last year in a similar situation. It's specifically for when "you received no Form W-2 and you are not eligible to use Code G." I included a statement explaining my work situation and why I believed I was misclassified. The IRS accepted my return without question, though I've heard they sometimes follow up later to verify the information. Make sure you keep detailed records of how your employer controls your work - schedule requirements, supervision, training, etc. That documentation is key if they do review your case.

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Thanks for sharing your experience! That's really helpful to know. Did you have to pay any penalties or interest when using Code H, or did it work just like a normal tax filing? I'll definitely start documenting all the ways my employer controls my work schedule and process.

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KylieRose

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Just to clarify something important - Form 8919 doesn't eliminate your tax liability. You still owe the income tax on all those earnings. What Form 8919 does is ensure you're only paying the employee portion of Social Security and Medicare taxes (7.65%) rather than the full self-employment tax rate (15.3%). For someone in your tax bracket, you should probably be setting aside around 15% for federal income tax PLUS the 7.65% for Social Security/Medicare. So that 20% your mom suggested might actually be a bit low depending on your total annual income. I'd recommend using the IRS Tax Withholding Estimator tool to get a more precise figure based on your specific situation.

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KylieRose

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State taxes would be in addition to the federal taxes I mentioned, and they vary significantly depending on which state you're in. Some states have no income tax (like Texas and Florida), while others have rates up to 13% (California). You can use your state's department of revenue website to find a withholding calculator specific to your location. For most people, setting aside another 5-7% for state taxes is reasonable, unless you're in a no-income-tax state or a high-tax state like California or New York.

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This is really helpful clarification! I'm in Pennsylvania, so I'll definitely need to factor in state taxes too. Between federal income tax, Social Security/Medicare, and state taxes, it sounds like I should probably be setting aside closer to 25-30% of my gross pay to be safe. That's a lot more than I was planning for, but better to be prepared than get hit with a huge bill next April. Thanks for mentioning the IRS Tax Withholding Estimator - I'll check that out this weekend.

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StarStrider

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In my experience, Zazzle is actually pretty good about handling international seller taxes correctly! I've been selling there for years from France, and they've always applied the right tax treaty exemptions. You should check your Zazzle payment statements from last year to confirm the $19.25 wasn't withheld from your earnings. Sometimes they report the "withholding credit" amount but it was never actually deducted because of your W-8BEN.

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Yuki Sato

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Totally agree with this. I sell on Zazzle from Spain and they handle the tax treaty stuff correctly. The "withholding credit" is just showing what WOULD have been withheld if you didn't have the exemption. Check ur payment history and you'll probably see no deductions.

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As someone who's been dealing with international tax forms for years, I can confirm what others have said - you're in good shape! The 1042-S with exemption code 15 means you successfully qualified for treaty benefits and don't owe US taxes on this income. One thing I'd add is to make sure you keep this form organized with your other tax documents. I create a separate folder each year for all my international income forms (1042-S, 1099s from various platforms, etc.) because you'll likely get more of these as you continue selling on US platforms. Also, if you expand to other US-based print-on-demand or creative platforms, you'll probably need to submit W-8BEN forms to each of them. The good news is once you understand the process with one platform, it's basically the same everywhere. Just make sure to update your W-8BEN every 3 years or if your circumstances change!

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This is really helpful advice about organizing the forms! I'm just starting out with selling on US platforms, so I hadn't thought about the fact that I'll probably be getting more of these forms in the future. Creating a dedicated folder for international tax documents is a great idea. Do you recommend keeping digital copies as well as the physical forms? And when you mention updating the W-8BEN every 3 years - does that happen automatically or do I need to remember to resubmit it to each platform? Thanks for sharing your experience - it's reassuring to hear from someone who's been through this process multiple times!

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Will we face a penalty for underpayment of taxes due to unexpected interest income?

Hey everyone, I'm freaking out a bit because my spouse and I just realized we owe the IRS about $3400 in federal taxes when filing our joint return. We've never owed this much before and I'm terrified about potential penalties! My work situation changed last year - I was self-employed for years but took a W-2 position in May 2023. During my self-employment period, I diligently made quarterly estimated tax payments. Then my employer started withholding taxes once I switched to the regular job. Our taxable income jumped by around $32K between 2022 and 2023 due to several factors: 1) Couldn't contribute as much to retirement accounts (less SEP IRA deductions due to lower self-employment income, and our Traditional IRA deductions were limited by higher AGI) 2) Earned about $13K in interest income from our savings accounts (rates were so good last year!) 3) Had unexpected capital gains of approximately $10K We moved from the 22% tax bracket in 2022 to 24% in 2023. When comparing our tax returns, the total tax (line 24) is surprisingly similar between years. I reduced my estimated tax payments in 2023 since my self-employment income dropped by half, which seemed logical at the time. I think the main culprit is the interest income, which had no withholding. My questions are: - Will we face penalties for underpayment because of this interest income, even though I paid appropriate estimated taxes on my self-employment income? - Should I have been making estimated payments on the interest income too? (I honestly didn't realize how much interest we were earning until the 1099-INT arrived) - I tried making sense of Form 2210 to calculate penalties but got lost... any ballpark on what we might owe? Is it around 8% of the $3400? I'm so anxious about this! Any advice would be incredibly appreciated!

Tyrone Hill

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Another option nobody's mentioned yet - if you expect similar interest income this year, you could make an estimated tax payment for Q1 (deadline April 15) to avoid getting into the same situation for 2024. Even if you've already missed the January 15th deadline for the final 2023 estimated payment, starting fresh with the new tax year can help you avoid penalties going forward. For reference, I set calendar reminders for all four estimated tax deadlines (April 15, June 15, September 15, and January 15) and calculate roughly 25-30% of any untaxed income (interest, dividends, side gig) to pay each quarter. Never had underpayment issues since starting this system.

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This is what I do too! After getting burned with an underpayment penalty a few years ago, I created a simple spreadsheet that tracks my interest/dividend income quarterly and calculates estimated payments. I overpay slightly just to be safe. The IRS direct pay system makes it pretty easy once you get the hang of it.

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I went through almost this exact situation two years ago! The anxiety is completely understandable, but you have several good options here. Since you mentioned your 2022 AGI was around $165,000, you'd need to pay 110% of your prior year tax to qualify for the safe harbor (not 100%). But honestly, given your clean compliance history, I'd skip the complicated Form 2210 calculations entirely and go straight for the First Time Penalty Abatement that others mentioned. Here's what worked for me: File your return and pay the $3,400 as soon as possible. Then wait about 2-3 weeks for the payment to process in their system. Call the IRS and specifically ask for "First Time Penalty Abatement for underpayment penalty." Have your prior year returns handy to confirm you've been compliant. Most agents can approve this immediately if you qualify. The key phrase is "this is my first time owing a significant underpayment penalty and I've always filed and paid on time in previous years." They usually waive the entire penalty without requiring detailed Form 2210 calculations. For future years with high interest income, consider making a small estimated payment in Q4 (January 15 deadline) to cover the interest you've earned. Much simpler than trying to predict quarterly amounts throughout the year. You'll get through this! The IRS penalty abatement programs exist exactly for situations like yours where life circumstances change unexpectedly.

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I'm dealing with a similar situation right now - Canadian investor with US stocks through TD Direct Investing. After reading through all these responses, I think I understand the confusion now. The W-8BEN form itself doesn't require ID documents from the IRS perspective, but each brokerage has its own internal policies. What I found helpful was calling my broker directly and asking specifically what THEY require, not what the IRS requires. TD told me they only need the electronic W-8BEN form since they already have my identity verification from when I opened the account. But when I tried to open a small account with Interactive Brokers, they wanted additional documentation. For anyone still confused, I'd suggest: 1) Check with your specific broker about their requirements, 2) Make sure you use consistent information across all your forms (name, address, etc.), and 3) Double-check that you're claiming the right tax treaty benefits. The 15% vs 30% withholding rate difference is huge over time!

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This is really helpful, thanks! I'm also with TD Direct Investing and was getting stressed about potentially needing notarized documents. Your point about calling the broker directly is spot on - I was trying to find a universal answer when it really depends on each institution's policies. One question though - you mentioned Interactive Brokers wanted additional documentation. What kind of documents did they require? I've been considering opening an account there for better access to options trading, but if the paperwork is going to be a nightmare I might reconsider.

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As a Canadian who's been through this process with multiple brokerages, I can share what worked for me. The key insight from this thread is absolutely correct - it's institution-specific, not IRS-specific. For what it's worth, I've dealt with Questrade, Wealthsimple Trade, and RBC Direct Investing. Questrade and RBC only needed the electronic W-8BEN form (no additional ID), while Wealthsimple had some additional verification steps but nothing too onerous. One tip I learned the hard way: if you have accounts with multiple brokers, make sure you're using the exact same information on all your W-8BEN forms. I had slight variations in how I wrote my address across different accounts and it caused some confusion during my tax filing. The CRA and IRS systems do cross-reference this stuff. Also, keep copies of all your submitted forms and confirmation emails. You'll need them for your Canadian tax return to claim the foreign tax credit for any US withholding taxes paid.

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This is such valuable advice, especially about keeping copies of everything! I'm just starting out with cross-border investing and didn't realize how important it would be to maintain consistent information across different platforms. Quick question - when you mention claiming the foreign tax credit on your Canadian tax return, do you need to report every single dividend payment separately, or is there a way to summarize it? I'm worried about the paperwork getting overwhelming if I have multiple US stocks paying quarterly dividends through different brokers. Also, has anyone here dealt with the situation where you move provinces in Canada? Do you need to update all your W-8BEN forms with the new address, or is that only if you move countries?

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Quick question - has anyone had success calling their state tax department about duplicate W-2s? My employer made mistakes on my state withholding and I'm wondering if I should talk to the state first before the IRS?

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Yes! The state tax department was actually much more helpful for me. I had a similar issue last year with Pennsylvania taxes. Called their department of revenue and got through in about 10 minutes. They explained that employers often issue separate W-2s for different states and told me exactly how to report it on my state returns.

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NebulaNomad

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I went through something very similar last year when my employer's payroll system got updated mid-year. What you're describing sounds like a classic state allocation error - your employer probably reported your wages to the wrong state initially (Alabama) and then issued the second W-2 to correct the state reporting to Georgia. The key thing to understand is that you should NOT file with both W-2s. Contact your payroll department immediately and ask them to issue a single corrected W-2 that shows your full federal wages in Box 1 and the correct Georgia state information. Most payroll departments are familiar with this issue and can turn around a corrected form pretty quickly. In the meantime, definitely don't try to force the incomplete W-2 into TurboTax - the IRS computers will flag the mismatch between what your employer reported and what you filed. Better to wait a week or two for the proper correction than deal with IRS notices later.

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