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Employer pays me in cash and claims to handle my taxes - is this legal?

I've been working part-time at a small business for about 9 years now, and my employer has always paid me in cash. He gives me $18 per hour in cash and tells me he withholds the rest to pay my taxes. I work two 5-hour shifts per week, but I've never received any pay stubs - just a W-2 at the end of each year. Looking at my most recent W-2, something seems off with the numbers. According to the form, I earned $8,925 for the year, which would equal about 495 hours of work. But when I added up my actual hours worked, I only worked 412 hours this year after subtracting the 25 days I took off for family events and a summer gig. My take-home pay was only $7,416. When I brought this up to my manager (who's the owner's son), he had to ask his father about it. The owner admitted he "took a guess" on my hours and reported 495 hours instead of my actual 412. He claimed he's "unable to change it now" and asked what I wanted from him - I was so surprised I didn't have an answer ready. Part of me feels like I should be paid for those 83 hours he falsely reported I worked. This inflated amount affects my total household income since my spouse and I file jointly, and I have other jobs where I don't experience these kinds of issues. Am I wrong to be upset about this? What should I be asking for? Is what he's doing even legal? I've never questioned his payment method before because he's always been flexible with my time off, but now I'm concerned.

I'm wondering if the situation might be even worse than what's apparent. If your boss is reporting 495 hours but only paying you for 412, that's 83 hours of labor they're claiming for tax purposes without actually paying you. Some shady businesses do this to inflate their business expenses (your labor cost) to reduce their taxable business income, while simultaneously not actually paying out those wages. It's a form of tax fraud that unfortunately happens in cash-heavy businesses. The big question is: is your employer paying taxes on the full $8,925 they reported to the IRS, or only on the $7,416 they actually paid you? Either way, something's not right, and you deserve to have this straightened out.

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This situation is definitely not normal or acceptable. As someone who's dealt with payroll issues before, I want to emphasize that your employer is legally required to provide you with pay stubs showing gross wages, all deductions (including taxes), and net pay - regardless of whether you're paid in cash, check, or direct deposit. The fact that your boss "guessed" at your hours and over-reported by 83 hours is a major red flag. This means you're potentially paying income tax on $1,494 you never actually received (83 hours Ɨ $18/hour). That's money coming out of your pocket because of his sloppy record-keeping. You should immediately request: 1. Detailed pay stubs for all pay periods going forward 2. Written documentation showing exactly how much was withheld for federal, state, and FICA taxes 3. Proof that these tax payments were actually made to the appropriate agencies Don't let the "flexible time off" arrangement cloud your judgment here. A legitimate employer can be flexible AND follow proper payroll procedures. The two aren't mutually exclusive. You've been patient for 9 years, but this issue could affect your tax liability and credit if not resolved properly.

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Mei Wong

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My tax guy explained this to me last year when I was confused. Here's a super simple way to think about it: Schedule F = You're the farmer Form 4835 = You're the landlord getting paid in crops And yes, you definitely still need Form 4562 for depreciation with either form if you have buildings, machinery, fences, etc. that you're depreciating.

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That's a helpful simplification, but what about when you're kinda both? My husband and I own some farmland that we actively farm ourselves, but we also rent out a section to another farmer who gives us 25% of his crop as payment. It's all part of the same property.

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@0666bae5a560 You'd actually use both forms in that case! The section you actively farm yourself would go on Schedule F, and the section you rent out to the other farmer (where you get 25% of his crop) would go on Form 4835. You'll need to split your expenses between the two portions - like if you have property taxes or insurance on the whole property, you'd allocate a percentage to each form based on the acreage or value of each section. It's more paperwork but it accurately reflects that you have two different types of farm income.

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One thing that might help clarify your situation is to think about the IRS "material participation" test. There are seven different tests, but the most relevant ones for farming are: 1. You participate in the farm activity for more than 500 hours during the year 2. Your participation constitutes substantially all of the participation by all individuals (including non-owners) in the activity 3. You participate more than 100 hours during the year, and your participation is not less than any other person's participation Since you mentioned you're making planting and harvesting decisions and overseeing workers, you're likely meeting the material participation test, which would make Schedule F the correct choice for your situation. The income-sharing arrangement with your parents doesn't automatically make it a rental situation - many family farming operations have informal profit-sharing agreements. However, you might want to consider formalizing this arrangement (maybe as a partnership or through a written agreement) to avoid any confusion if you're ever audited. Also, don't forget that if you use Schedule F, you can take advantage of farm-specific tax benefits like income averaging under Section 1301 if you have a large income spike in any given year!

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This is really helpful information about the material participation tests! I definitely meet the 500+ hours test since farming is basically my full-time job now. The income averaging benefit you mentioned is something I hadn't heard of before - is that where you can spread out unusually high income over multiple years to avoid jumping into a higher tax bracket? That could be really useful for us since crop yields and prices can vary so much year to year. Do you know if there are any restrictions on using income averaging, like minimum income thresholds or limits on how many years you can average over?

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@bf0c2f009303 Yes, exactly! Farm income averaging under Section 1301 lets you spread unusually high farm income over the current year plus the previous three years to potentially reduce your tax burden. There's no minimum income threshold, but you need to have been engaged in farming for at least three years. You can average any amount of "elected farm income" but it's limited to your taxable income from farming for that year. The averaging is calculated by figuring what your tax would have been if you had received that income evenly over the four-year period. It's particularly useful when you have a great crop year or sell livestock you've been raising for multiple years. You file Form 1040 Schedule J to elect averaging. Just keep in mind it's a one-time election for each tax year - you can't go back and change it later. Definitely worth considering if you have significant swings in farm income from year to year!

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Liam Murphy

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I just went through this process myself a few months ago after having my EIC disallowed in 2022. The advice here is spot on - Form 8862 definitely needs to be attached to your Form 1040 and mailed together to your state's processing center address (you can find this in the Form 1040 instructions). I was really anxious about the whole thing, but it worked out fine in the end. A few tips from my experience: make sure you answer every question on Form 8862 completely, even the ones that seem obvious, and double-check that all your supporting documents match what you're claiming on the form. I also recommend making copies of absolutely everything before you mail it. The processing time was longer than usual - took about 10 weeks total for me - but I did eventually get my full refund. One thing that helped ease my anxiety was tracking the certified mail delivery, so I knew for sure the IRS received my package. Good luck with your recertification!

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Thanks for sharing your experience, Liam! As someone just starting this process, it's really helpful to hear the actual timeline - 10 weeks is definitely longer than I was hoping for, but at least I know what to expect now. I'm curious about the supporting documents you mentioned. Besides the obvious ones like W-2s and 1099s, were there any specific documents that the IRS requested or that you found particularly important to include? I want to make sure I'm not missing anything that could slow down the process even more. Also, did you get any communication from the IRS during those 10 weeks, or was it just radio silence until your refund showed up?

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Andre Dubois

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I'm new to this whole EIC recertification process and feeling pretty overwhelmed, but reading through everyone's experiences here has been incredibly helpful! It sounds like the consensus is crystal clear: Form 8862 must be attached to Form 1040 and mailed together to your state's regular processing address. I'm definitely planning to send mine certified mail for tracking purposes. One thing I'm curious about - has anyone had issues with specific sections of Form 8862 that tend to trip people up? I want to make sure I don't make any mistakes that could delay processing even further. Also, for those who have been through this successfully, did you include a cover letter explaining the situation, or just let the forms speak for themselves? Thanks to everyone sharing their real-world experiences - it's so much more helpful than trying to decipher the IRS instructions alone!

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Rachel Clark

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Welcome to the Form 8862 club - none of us wanted to join, but here we are! šŸ˜… From my experience going through this process, the sections that tend to trip people up are Part II (the qualifying child information) and Part III (if you're claiming any business income). Make sure every single line is filled out completely - even if something seems obvious or redundant, the IRS wants it spelled out clearly. I didn't include a cover letter when I filed mine; the forms really do speak for themselves if they're filled out properly. The key is just being thorough and triple-checking everything before you send it off. You've got the right approach with certified mail and reading through everyone's experiences here. The waiting is the hardest part, but it sounds like you're well-prepared!

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Adriana Cohn

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Looking at your transcript codes, this is actually really promising! The 811 "Removed refund freeze" on 01-09 means your return was indeed held up (probably for routine verification) but that hold has been lifted. The 846 code with date 01-30-2025 for $4,258.37 is the big one - that's your actual refund issued date. The $292.37 interest (code 776) is because of the delay since you filed in February. You should see the money in your account within 1-5 business days after 01-30, so likely by early February. The processing is basically done at this point!

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This is super helpful! So the 846 code basically means they've already processed everything and scheduled the refund? That's such a relief after waiting almost a year. The interest is a nice bonus too I guess lol. Thanks for breaking down what all those codes actually mean!

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Wow, that's an amazing breakdown of your transcript! Seeing those specific codes with dates is such a good sign. The 811 "Removed refund freeze" explains why you've been waiting so long - your return was probably flagged for routine verification but now it's cleared. That 846 code for 01-30-2025 is basically the IRS saying "we're sending your money" so you're almost there! The interest payment is actually pretty decent too for the wait you've had to endure. Fingers crossed you see that deposit hit your account in early February! šŸ¤ž

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$15,760 Refund Still Frozen Despite June 571 Resolution Code - Transcript Shows February Freeze & Mysterious 2023 Amendment

I filed my taxes early this year and my refund of $15,760.00 has been stuck since February. I'm getting really frustrated because the IRS seems to be holding my money with no explanation. I just pulled my transcript today (10-15-2024) to see what's going on. Looking at my IRS Account Transcript for tax period Dec. 31, 2023, I can see my account balance is -$15,760.00 with $0.00 in accrued interest and $0.00 in accrued penalties as of Jun. 24, 2024. I'm a single filer with an adjusted gross income of $21,776.00 and taxable income of $7,926.00. My tax per return was only $787.00, but I had $16,547.00 in withholdings which is why my refund is so large. The transcript shows several concerning transaction codes: - Code 150: Tax return filed - cycle 20242005 on 06-03-2024 for $787.00 - Code 806: W-2 or 1099 withholding - dated 04-15-2024 for -$16,547.00 - Code 810: Refund freeze - dated 02-16-2024 for $0.00 - Code 570: Additional account action pending - dated 06-03-2024 for $0.00 - Code 571: Resolved additional account action - dated 06-10-2024 for $0.00 - Code 977: Amended - dated 02-21-2023 for $0.00 What's confusing me is that there's a refund freeze (code 810) from February 16, 2024, then codes 570 (Additional account action pending) from June 3 and 571 (Resolved additional account action) from June 10. There's also a code 977 for an amended return from February 21, 2023, but I didn't file an amended return for that year that I recall. The processing date shows as June 03, 2024, and the return due date or return received date is listed as Apr. 15, 2024. I have zero self-employment tax as both taxpayer and spouse SE taxable income show $0.00. I've never had to revise anything before, and this is really worrying me because this is a huge amount for me. I've been trying to get through to the IRS but can't reach anyone. What's even more frustrating is that my return was filed and processed on June 3rd, 2024, but I still haven't received anything despite it showing the "Resolved additional account action" code on June 10th. Does anyone know what these codes mean together? Why would there be a freeze in February when my return wasn't even processed until June? And why would there be an amended return code from 2023? I'm completely lost and really need this money.

Romeo Quest

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Call the Tax Advocate Service. With that amount of money and this long of a wait, they might be able to help.

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That TC810 refund freeze from February is definitely the issue here. The fact that you got TC571 (resolved) in June but still no refund means there might be additional holds or manual reviews happening behind the scenes. With a refund that large compared to your income, the IRS computer systems probably flagged it for human review to verify everything is legitimate. The TC977 from 2023 could be complicating things - even though you don't remember filing an amendment, the IRS might have processed one automatically or there could be a discrepancy they're still sorting out from that year. At this point, you really need to call the IRS directly at 1-800-829-1040. Have your transcript ready and ask specifically about the TC810 hold and when it will be released. If you can't get through, definitely contact the Taxpayer Advocate Service like Romeo mentioned - they handle cases exactly like this where refunds are unreasonably delayed.

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