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Guys, I think there's some confusion about the forms. The 1099-MISC doesn't even have Box 7 for nonemployee compensation anymore - that was moved to the 1099-NEC a few years ago. So if you're getting self-employment income, it's probably coming on a 1099-NEC now, not a 1099-MISC. The 1099-MISC Box 3 is usually for things like prizes, awards, or other random payments that aren't for services you provided as part of a business. That's why it's not subject to self-employment tax.
You're right about the form changes! The IRS split them up starting with tax year 2020. Nonemployee compensation now goes on 1099-NEC, while 1099-MISC is used for other types of payments like rent, prizes, etc.
Thanks everyone for all the detailed explanations! This has been super helpful. I was definitely mixing up the self-employment tax with regular income tax, and I had no idea about the form changes either. Just to make sure I understand correctly: my Box 3 income from the 1099-MISC will just be added to my other income and taxed at whatever bracket I end up in based on my total income for the year, right? So if I'm in the 22% bracket, that's what I'll pay on this income too? And @Cameron Black, thanks for mentioning the AGI impact - I hadn't thought about that at all. I should probably look into increasing my IRA contribution this year to help offset some of it. This community is amazing for breaking down confusing tax stuff!
Has anyone actually RECEIVED their 1095-C yet??? I'm in the same boat as OP with missing Box 12 DD and I still haven't gotten my 1095-C. My employer keeps saying "they're in the mail" but it's been weeks.
I got mine about 2 weeks ago. The deadline for employers to provide them was March 2nd. If you haven't received yours by now, you should definitely follow up with your employer. My understanding is that they're required to provide it by the deadline.
Just wanted to add some clarity on the small employer aspect that Lincoln mentioned - this is actually really important for your situation! Since your company has under 50 employees, they're not subject to the ACA employer mandate, which means they're not required to offer coverage that meets the affordability and minimum value standards. This is huge for determining whether you need to repay your premium tax credits. Even if your employer did offer some kind of health insurance during those three months, it likely wouldn't qualify as "affordable coverage" under ACA rules unless it specifically met those strict federal standards (which most small employer plans don't). The fact that your HR person said you "missed enrollment" and had to wait also suggests their plan might not have been continuously available to you anyway. If coverage wasn't actually available during those months when you had ACA insurance, then there's no overlap issue at all. I'd suggest asking your employer two specific questions: 1) Was health insurance coverage available to me during [specific months]? and 2) Did that coverage meet ACA affordability and minimum value standards? Most small employers won't even know what those standards are, which is telling. Without proper documentation showing you had access to qualifying employer coverage during those months, you should be able to keep your premium tax credits.
This is exactly the kind of complex situation where getting expert guidance upfront can save you major headaches later. Based on your wife's visa history - 6 years total with tourist visa initially, then F1 student visa that expired in January 2024 - you're dealing with multiple moving pieces that affect her tax status. A few key points to consider: 1. Since her F1 expired in January 2024 and you're going through the marriage-based green card process, her current status likely affects how the substantial presence test applies for 2024. 2. The fact that she's had no taxable income simplifies things somewhat, but you still need to determine her correct status to choose the right filing approach. 3. Be very careful about the worldwide income reporting requirement if you make any election to treat her as a resident - this catches a lot of people off guard. Given the complexity with mixed visa types, the 5-year F1 exemption period, and the transition to marriage-based status, I'd strongly recommend getting a definitive determination of her tax status before making any elections. The consequences of filing incorrectly with international situations can be significant, and the rules around these elections have specific timing requirements and documentation needs. Have you been able to get copies of all her I-94 entry/exit records? That's usually the starting point for any accurate substantial presence test calculation.
As someone who went through a very similar situation with my spouse from Mexico, I want to emphasize how important it is to get this right from the start. The substantial presence test calculation with mixed visa types is genuinely complex, and the stakes are high. One thing I learned the hard way - even though your wife has no income, you still need to be absolutely certain about her tax status before making any elections. We initially thought the 6013(g) election was a no-brainer since my husband had no income either, but it turns out there can be unexpected consequences down the road. For example, once you make the 6013(g) election, it continues for all subsequent years until you revoke it or certain events terminate it. This means if her status changes again during the green card process, you're still locked into treating her as a resident for tax purposes until you formally revoke the election. Also, don't underestimate the importance of proper documentation. The IRS requires specific statements attached to your return explaining why you're making the election and confirming you understand the obligations. Missing these requirements can invalidate the election. Given that her F1 expired in January 2024 and she's been here 6+ years, definitely focus on getting an accurate substantial presence test calculation first. That will tell you whether you even need to make an election or if she already qualifies as a resident alien naturally. The calculation might be simpler than you think once you properly account for the F1 exemption period rules.
You're absolutely correct about how the F1 exemption period works! For someone who's been in the US for 6+ years, only years 1-5 on F1 status are exempt from the substantial presence test. So in your wife's case: - Tourist visa days from any year: COUNT toward the test - F1 days from her first 5 calendar years in the US: DO NOT count - F1 days from year 6 onward: DO count - Days after F1 expired (2024 authorized stay): DO count For the documentation, you'll need to attach a written statement to your tax return (not a specific IRS form) that includes specific language. The statement must say you're making the election under Section 6013(g), that you understand both spouses will be treated as US residents for the entire tax year, and that you'll report worldwide income. There are sample statements in IRS Publication 519. Given her timeline (6+ years with most on F1), you might actually find she already qualifies as a resident alien for 2024 without needing any election at all. The substantial presence test calculation should be your first step - count her 2024 authorized stay days, plus 1/3 of her countable 2023 days, plus 1/6 of her countable 2022 days. If that hits 183, she's automatically a resident alien. This could save you from the complications of making an election that continues into future years!
You're absolutely on the right track with understanding the F1 exemption period! Yes, for someone who's been here 6+ years mostly on F1 status, you're correct that: - Days 1-5 on F1 status don't count toward substantial presence test - F1 days starting in year 6 DO count - Tourist visa days count from day one (no exemption) - Days in 2024 after F1 expired (authorized stay pending I-485) also count For the documentation requirements, you'll need to attach a written statement to your tax return if you make the 6013(g) election. It's not a specific IRS form, but rather a statement you prepare that includes: - Both spouses' names and SSN/ITIN - A declaration that you're making the election under Section 6013(g) - Confirmation that you understand the obligations (including worldwide income reporting) - Signatures from both spouses The tricky part with your wife's situation is determining exactly when her "6th calendar year" started for the F1 exemption calculation. Since she had some tourist visa time initially, then switched to F1, you need to count calendar years of F1 presence specifically, not total years in the US. Given the complexity of mixed visa types and the mid-2024 status change, I'd really recommend using one of the services others mentioned (like taxr.ai) to get a definitive calculation before deciding on any elections. The timing requirements are strict and you can't undo these decisions easily.
3 Just an additional tip if you have a Paycor account - have you tried logging into their employee self-service portal? Many payroll companies allow employees to download their own W-2s electronically. Try going to https://secure.paycor.com/login and see if you can access your account. You might need to register first if you haven't before, but you should be able to use your SSN to set it up.
1 I actually tried that already but it seems my employer never set up employee access for us. When I called Paycor directly, they told me they can only provide W-2s to the employer, not directly to employees. So frustrating! But thanks for the suggestion.
11 This happens way too often with small businesses! One thing nobody mentioned - if you file an extension (Form 4868), you get until October to file your complete return. This might be worth considering if you really want the actual W-2 rather than using the substitute form. Just remember that an extension gives you more time to FILE, but you still need to PAY any taxes you owe by the regular April deadline to avoid penalties. So you'd need to estimate what you owe based on your paystubs.
2 Wouldn't filing with the substitute form be easier than dealing with an extension? Seems like extra steps just to avoid using Form 4852. Plus waiting till October just gives this employer more time to be irresponsible imo.
You're absolutely right! Filing with Form 4852 is definitely the more practical route here. An extension just rewards the employer's poor behavior and creates more uncertainty. With all the good advice in this thread about using paystubs to complete the substitute form accurately, there's really no reason to delay filing. Plus, if you're expecting a refund, why wait until October to get your money back?
Paolo Longo
Direct deposit timing has been pretty consistent for me over the past three tax seasons. The deposit hit my account within 24 hours of the date shown on my transcript (the date next to code 846). The WMR tool is usually a day behind the actual transcript information. I'd recommend checking both if possible. If your WMR shows approved today, there's a good chance your transcript already has a specific deposit date listed.
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GalaxyGuardian
Just wanted to share my timeline from this year - I got the "Refund Approved" status on WMR last Tuesday and the money hit my checking account Thursday morning, so exactly 2 business days. I bank with a local credit union and they typically post ACH transfers early in the morning. One thing I learned from previous years is to check your account transcript if you can access it online - it usually shows the actual deposit date (code 846) which is more reliable than the WMR tool. Also, since you mentioned planning for summer activities, I'd personally wait until the money is actually in your account before scheduling any automatic payments, just to be safe. Good luck!
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