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One thing nobody has mentioned yet - make sure you keep detailed records of everything related to your employment relationship! The more evidence you have showing your wife was treated as an employee, the better. Things like: - Emails about work schedules - Instructions from supervisors - Company policies she had to follow - Evidence she used company equipment - Any performance reviews - Communications about how work should be done I went through this last year and my SS-8 was approved because I had saved everything. My coworker filed at the same time but didn't have as much documentation and is still waiting for a determination.
Thanks for the advice! We actually have a bunch of this stuff already - especially emails about schedules and very detailed instructions on how to complete tasks. There's also an employee handbook she had to follow despite being classified as a "contractor." Would it be helpful to include copies of these with the SS-8 form or just describe them?
You should definitely include copies of the most relevant documents along with your SS-8 filing. The employee handbook is particularly valuable evidence - that's a smoking gun that shows they treated her as an employee. I'd select the strongest 10-15 examples rather than overwhelming them with everything. Focus on documents that clearly show the company controlled how and when she worked, required her to follow specific procedures, or explicitly treated her as part of the company rather than an outside contractor.
Has your wife tried talking to her employer directly about this before filing the SS-8? Some companies genuinely don't understand the classification rules and might fix it voluntarily if approached. I was misclassified a few years ago, and when I explained the issue to my boss with some printouts from the IRS website, they actually reclassified me and issued a W-2 instead. Saved a lot of hassle with forms and waiting for IRS determinations.
This is terrible advice. Most employers know exactly what they're doing - saving themselves the employer portion of payroll taxes and avoiding labor laws. Approaching them directly just gives them a heads up that you're onto them and time to prepare a defense or even fire you.
For future reference, when you have multiple jobs in a year (even if only one at a time) plus capital gains, you really need to do a "checkup" on your withholding midyear. The W-4 isn't designed to automatically handle job changes and investment income perfectly. I recommend checking your withholding each time you change jobs or have a significant financial event (like selling stock). The Multiple Jobs Worksheet on the W-4 form is helpful if you and your spouse both work, but it doesn't account for mid-year job changes very well.
Does the Multiple Jobs Worksheet account for capital gains at all? Or is there a different form for that? My situation is similar but I'm also getting rental income now.
The Multiple Jobs Worksheet doesn't account for capital gains or rental income at all. It only helps calculate withholding when you have multiple W-2 jobs simultaneously or when both spouses work. For capital gains and rental income, you should use Step 4(a) of the W-4 to add your estimated "other income" that won't have withholding. Alternatively, you can make quarterly estimated tax payments using Form 1040-ES, which is often better for irregular income like capital gains or rental income. The safest approach is to use the IRS Withholding Estimator online and update your W-4 whenever your income situation changes significantly.
With 0 exemptions, your still getting hit with a penalty because of the captial gains + 1099 income. When i had a similar situation, i checked the box for "multiple jobs" on my W-4 AND put an extra $100 per paycheck in the additional withholding section (line 4c). haven't had a penalty since. Also you might qualify for first-time penalty abatement if this is your first penalty. Call the IRS and ask. they waived mine completetly!
So I'm in a similar situation but slightly different. I have a 16 year old that lives with me and my boyfriend (we're not married). I claim the EIC for my child, but my boyfriend provides more than half the household expenses. Can he still file as HOH or does he have to file as single?
Based on IRS rules, your boyfriend would need to file as Single, not Head of Household. To file as HOH, he would need a "qualifying person" who is either his qualifying child or qualifying relative. Since you're already using your child's SSN for EIC purposes, your boyfriend generally can't use the same child as his qualifying person for HOH status. This is a common issue in unmarried couples with children. Only one taxpayer can claim a specific child for purposes like this, and using the SSN for EIC essentially "locks in" that child to your tax return for these purposes.
This might be a dumb question but would it make a difference if OP and partner got married? Would they be able to file jointly and get both the EIC and whatever benefit they were trying to get with the HOH status?
Not a dumb question at all! If they got married, they could file jointly which would eliminate the HOH issue entirely. Married Filing Jointly often provides better tax benefits than two separate returns (one HOH and one Single). When filing jointly, they could claim their daughter as a dependent (if she otherwise qualifies) and also claim EIC if they meet the income requirements. Married Filing Jointly sometimes has higher income thresholds for certain credits too. However, there can occasionally be a "marriage penalty" if both partners have similar high incomes.
Don't forget to keep really good records for your AOTC claim! My brother got audited last year because he claimed the full credit but didn't have receipts for his textbooks. Save ALL receipts for required books, supplies, and equipment. The IRS is pretty strict about documentation for education credits.
Oh that's scary! I haven't been great about keeping receipts for my textbooks... do digital receipts from Amazon and the campus bookstore work too? And how long should I keep these records?
Digital receipts are absolutely fine! Just make sure they clearly show what was purchased (the book title), the date, and the amount. I recommend saving them as PDFs and keeping them in a dedicated folder on your computer or cloud storage. You should keep all tax-related records for at least 3 years after you file your return, since that's typically how far back the IRS can go for an audit. Some experts recommend keeping them for 6-7 years to be extra safe. My brother's audit happened about 2 years after he filed that return.
Quick heads up - another requirement for the AOTC that people sometimes miss is that you can't have a felony drug conviction. Also, if someone else claims you as a dependent (like your parents), then THEY would get the credit, not you. Make sure you coordinate with your parents so you don't both try to claim it!
StarSailor
Has anyone looked at the tax implications of investing in Indian REITs? I know domestic REITs have special tax treatment, but not sure how that works with international ones.
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Connor O'Brien
ā¢I have some experience with this. Indian REITs are still relatively new but from a US tax perspective, they don't get the same favorable treatment as US REITs. The distributions get taxed as ordinary dividends without the partial return-of-capital treatment that US REITs often have. Also, you'll face additional reporting requirements on Form 8621 if the Indian REIT is considered a PFIC, which many foreign investment structures are. This can result in much more complex tax filing.
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StarSailor
ā¢Thanks for the explanation about the taxation differences. That's really helpful to know about the ordinary dividend treatment without the return-of-capital benefits. So it sounds like from a tax efficiency standpoint, I might be better off sticking with US REITs or finding a US-based ETF that gives exposure to the Indian real estate market rather than directly investing in Indian REITs. The Form 8621 filing requirement sounds like a headache I'd rather avoid.
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Yara Sabbagh
Does anyone use TurboTax for reporting their foreign investments? I'm wondering if it handles all these foreign forms or if I need something more specialized for my India investments.
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Keisha Johnson
ā¢TurboTax can handle the basic foreign tax forms like 1116, but I found it struggles with more complex situations involving PFICs and multiple types of foreign income. I switched to using a CPA who specializes in international taxation after TurboTax kept giving me errors for my Indian stock investments.
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