I'm currently going through this EXACT situation with my husband's employer in Cincinnati. His boss "forgot" to withhold federal taxes for SIX MONTHS!!! We're looking at owing like $7k we don't have. 😭 We consulted with a tax attorney who said we should: 1. Send a certified letter to the employer formally requesting they start withholding correctly 2. If they don't fix it in 2 pay periods, file Form 3949-A with the IRS to report them 3. Start making estimated tax payments NOW to reduce penalties later Has anyone actually gone through with filing Form 3949-A? Did the IRS actually do anything?

I'm really sorry you're dealing with this stressful situation! Based on what others have shared here, it sounds like you have several solid options to protect yourself. First, your employer is 100% legally required to withhold federal income tax and FICA taxes from W-2 employees - there's no debate about that. The fact that they're brushing this off as "your responsibility" shows they either don't understand basic payroll law or are trying to avoid accountability. Here's what I'd recommend doing immediately: 1. **Document everything** - Save all paystubs, your original W-4, and any communications with your employer about this issue 2. **Calculate what you'll owe** - Use the IRS withholding calculator to estimate your tax liability and start setting money aside if possible 3. **Put your employer on notice** - Send an email (so you have it in writing) explaining the issue and requesting they fix it immediately Don't quit your job over this! You have rights, and there are protections against retaliation for reporting tax violations. If they don't fix it within a couple pay periods, definitely consider filing Form 3949-A with the IRS as others have mentioned. The good news is that while you'll still owe the taxes, you won't face criminal penalties since this was your employer's error, not intentional tax evasion on your part. The IRS has payment plans available if you can't pay everything at once. Stay strong - you've got this! 💪

Just to make sure you've considered everything - have you calculated whether the medical expense deduction actually justifies filing separately? Remember that medical expenses are only deductible to the extent they exceed 7.5% of your AGI. Filing separately often increases your overall tax burden in other ways.

Great question! I went through something very similar last year. The nominee recipient approach is definitely your best bet here, and it's more straightforward than it sounds. A few practical tips from my experience: First, make sure you split the gains proportionally based on how you actually funded the account (50/50 if you contributed equally, or whatever the actual split was). Second, when you file the nominee 1099-B, include a clear statement with both returns explaining the situation - something like "Capital gains from joint brokerage account reported under [your SSN] but income split per actual ownership." One thing to watch out for - if you have any capital loss carryforwards from previous years, those stay with whoever originally claimed them and can't be transferred to your spouse's return. This might affect your overall calculation. Given the $1,200+ potential savings others calculated, it's definitely worth doing. The IRS sees nominee situations regularly, especially with married couples filing separately, so as long as your paperwork is clear and consistent, you shouldn't have any issues.

Honestly the most straightforward way to handle this is to file your own taxes separately from your dad. You can tell him you want to learn financial independence without sharing the details. Use something like FreeTaxUSA which handles self-employment pretty well and is actually free (unlike some "free" services that charge for Schedule C). Just make sure to set aside about 25-30% of what you make for taxes since you'll owe both income tax and self-employment tax (15.3%) on your profits. First-time side hustlers often get shocked by that self-employment tax.

Just wanted to add that you should also consider what happens if your income grows beyond what you initially expect. I started selling handmade jewelry thinking I'd make maybe $1,000 a year, but ended up making $8,000 because demand was higher than expected. When you cross certain income thresholds, you might need to make quarterly estimated tax payments to avoid penalties. The IRS expects you to pay taxes as you earn, not just once a year. If you owe more than $1,000 in taxes when you file, they can hit you with underpayment penalties. Also, keep really good records from day one - screenshots of all payments, receipts for any business expenses, mileage if you drive anywhere for the business, etc. It's so much easier to track this stuff as you go rather than trying to reconstruct everything at tax time. A simple spreadsheet or even a notes app on your phone works fine when you're starting small.

Make sure to track your expenses too! Gas money driving to pickup/delivery, work gloves, tools etc. You can deduct all that stuff from your income

Just wanted to add - if your husband is collecting scrap metal regularly, the IRS might consider this a business rather than just occasional sales. Keep detailed records of everything: what you collected, when you sold it, expenses like gas and tools. If it becomes a regular thing, you might want to get a business license and set up a simple bookkeeping system. Better to be over-prepared than caught off guard!

One more thing to consider - if you're filing the W7 because you're not eligible for a SSN, make absolutely sure that's correct. I spent months going through the W7 process only to find out later I was actually eligible for a SSN, which would have been much easier to get and use long-term. Worth double-checking with Social Security before going down the ITIN path!

Great advice in this thread! I went through the W7 process two years ago and can confirm that order absolutely matters. Here's what worked for me: 1. W7 form on top (as mentioned) 2. Supporting identity documents attached to the W7 3. Tax return (1040) underneath everything 4. Any schedules or additional forms at the bottom One thing I didn't see mentioned - if you're married filing jointly and both spouses need ITINs, you'll need separate W7 forms for each person, but you can submit them together with one tax return. Just make sure each W7 has its own set of supporting documents. Also, pro tip: write "ITIN APPLICATION" in large letters on the outside of your envelope. It helps ensure your package gets routed to the right department at the IRS processing center. My accountant recommended this and I think it helped my application move through faster. Good luck with your application! The wait is frustrating but once you get your ITIN, future tax filings become much smoother.