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One thing to consider: if you go the route of filing the SS-8 form and your employer finds out, be prepared for potential tension or even looking for a new job. I went through this exact situation as a home health aide last year. My employer was FURIOUS when they got the letter from the IRS about my classification status. Even though I was 100% right (and the IRS eventually ruled in my favor), my employer made things pretty uncomfortable until I eventually found a new position. Just something to keep in mind - being right doesn't always make the situation easier in the short term. Document EVERYTHING from this point forward in case you need it later.
That's what I'm worried about. I really need this job and don't want to burn bridges, but I also don't want to pay extra taxes I shouldn't have to pay. Did you end up having to pay the full self-employment tax before the IRS determination came through?
I actually used Form 8919 when I filed my taxes, which allowed me to only pay the employee portion of the Social Security and Medicare taxes while my SS-8 determination was pending. That way I didn't have to pay the full self-employment tax. If the IRS had eventually determined I was actually a contractor (which they didn't), I would have had to pay the difference later. But it allowed me to file on time without overpaying. My tax preparer was familiar with the situation and helped me with the proper coding on the form.
Has anyone tried just showing the employer the actual IRS website about household employees? My sister had this exact situation and literally just pulled up the IRS page on her phone during a conversation with her employer. The page specifically says nannies are household employees: "Household workers such as housekeepers, maids, babysitters, gardeners, and others who work in or around your private residence as your employee are subject to employment taxes." Her employer actually didn't realize they were breaking tax law and fixed the situation once they saw the official IRS guidance. Sometimes it's just ignorance rather than malice.
I tried this approach with my employer last year and it worked! Sometimes people just don't know the rules. I printed out the relevant IRS publication and highlighted the parts about household employees. When I showed them, they were actually relieved to have clear guidance and issued me a correct W-2.
Just a heads up - I went through this exact situation last year. Make sure you get documentation that proves when the securities actually became worthless. The burden of proof is on you to establish the year of worthlessness. In my case, I had to find SEC filings showing when the company was delisted or filed for bankruptcy. The IRS initially rejected my amended return because I didn't have adequate documentation. I eventually found what I needed through EDGAR on the SEC website.
Thanks for this advice! Where exactly do I look on the SEC website to find delisting info? Does etrade provide any documentation I can use to prove the stocks are worthless? These were super small companies so I'm not sure there will be much info available.
You can search the SEC's EDGAR database at www.sec.gov/edgar/searchedgar/companysearch.html by entering the company name or ticker symbol. Look for "Form 25" which is used for delisting notifications, or search for bankruptcy filings like "Chapter 7" or "Chapter 11". As for etrade, they sometimes include corporate action notices in your account, but it varies. Try contacting their customer service to request specific documentation about when your securities became worthless. Sometimes they can provide a letter or statement confirming the worthlessness for tax purposes, though they might charge a fee for this service.
Has anyone successfully carried forward capital losses from worthless securities to future tax years? I'm in a similar situation with about $20k in losses, but my income isn't high enough to use all the losses in one year with that $3,000 annual limit.
Yes, I've been carrying forward losses for years. Just keep track of your remaining loss balance on worksheet in the Schedule D instructions each year. You'll enter the carryover amount on Schedule D the following year. I started with a $32k loss in 2019 and I'm still working through it at $3k per year.
For what it's worth, I've been a homeowner for 8 years now and there's another consideration with a December purchase - property tax payments. Check to see if you prepaid any property taxes at closing or if there was a proration of property taxes between you and the seller. Those can be deductible in the year paid (2020) even if your mortgage payments didn't start until 2021. Also, don't forget to check if you qualify for any first-time homebuyer credits or programs! Different states have different programs, and while the federal first-time homebuyer credit isn't available anymore, some states still offer incentives.
Do you know if homeowner's insurance premiums are ever tax deductible? I think I prepaid 14 months at closing and wondering if any of that is deductible anywhere.
Unfortunately, homeowner's insurance premiums aren't tax deductible for personal residences. They're considered a personal expense rather than a deductible housing expense. The only exception would be if you use part of your home for business - then you might be able to deduct the business portion of your insurance. However, if you paid for mortgage insurance premiums (different from homeowner's insurance), those might be deductible depending on your income level and when you got your mortgage. The rules change frequently on mortgage insurance deductibility, so that's worth looking into for your specific situation.
Has anyone had experience with the timing of the mortgage interest statements? My lender told me that interest paid at closing in December should have been included on my 1098 for the following year. Is that normal? Seems like they should give me a 1098 for both years if I paid interest in both years.
In my experience, most lenders only issue a 1098 if the total interest for the year exceeds $600. If you closed in late December, the few days of interest probably didn't hit that threshold, so they might have just included it in next year's form. You can still deduct it in the correct year though, even without a separate 1098.
If you're still having trouble, there's one more option I haven't seen mentioned. Your clients can complete and submit Form EO-001 (Request for Case File) to the Marketplace. This form allows them to request all records related to their Marketplace application and enrollment, which would include copies of their 1095-A forms. It takes a bit longer (up to 30 days), but if you file an extension, this could be a reliable backup plan.
Where do you find this form? I looked on the healthcare.gov site and couldn't locate an EO-001 form.
Has anyone had any success getting 1095-As by going directly to the insurance company that provided the Marketplace plan? I know technically the Marketplace issues the form, not the insurer, but I wonder if they might have records that could help.
I tried this route once and the insurance company told me they couldn't help with 1095-A forms since those come directly from the Marketplace. They only deal with 1095-B forms for non-Marketplace coverage they provide. They did suggest contacting my state's Department of Insurance consumer assistance program, which surprisingly was helpful in escalating my case with the Marketplace. Might be worth trying if you're hitting walls with the regular channels.
Charlotte White
23 Don't forget about FBAR requirements if you're receiving a large sum from abroad! If you have more than $10,000 in foreign accounts at any point during the year (including temporarily during this transaction), you need to file an FBAR (FinCEN Form 114). This is separate from your tax return and has huge penalties if you miss it.
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Charlotte White
ā¢1 But if the money is going directly to my US account, would I still need to file an FBAR? I won't actually have a foreign account at all in this transaction - the buyer is wiring the money directly to my account in America.
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Charlotte White
ā¢23 You're right that if the money goes directly to your US account and you never have it in a foreign account, you wouldn't trigger FBAR requirements based on this specific transaction. However, be careful about any other foreign accounts you might have, even temporarily. For example, if you have a foreign account set up to handle any aspect of the sale closing, or if there's an escrow account in the foreign country that you have signature authority over, even briefly, that could potentially trigger FBAR requirements if the amount exceeds $10,000.
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Charlotte White
4 Has anyone dealt with property in a country that doesn't have a tax treaty with the US? I sold land in Brazil and ended up paying taxes in both countries without any offset. It was a financial disaster.
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Charlotte White
ā¢16 You might have missed something. Even without a tax treaty, you can usually claim a Foreign Tax Credit on Form 1116 for taxes paid to foreign governments on the same income. Did your tax preparer look into this? It doesn't eliminate all double taxation but should have reduced your US tax liability.
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