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You might want to report them to the IRS. Employers who pay cash and don't send 1099s are usually evading taxes themselves.

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Facts! Form 3949-A is what you need to report tax fraud

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Ella Lewis

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Been through this exact situation! Here's what worked for me: 1) Document everything - screenshot your attempts to contact them, keep records of when you worked and how much you were paid. 2) You can report the income on your tax return even without the 1099 - use Schedule C-EZ if it was simple freelance work. 3) The IRS actually has a form (SS-8) to determine worker classification if you're unsure whether you were an employee or contractor. Don't stress too much - being honest about your income is what matters most, and the IRS understands these situations happen.

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What's the most effective way to ask the IRS to waive a late filing penalty?

Hey everyone, I could use some advice here. I started an LLC in Ohio last year with my brother as the only two partners. We've been using the same tax guy for about 10 years with no problems until now. I dropped off all my paperwork to my accountant in early March, and he filed everything electronically on April 12th. Just got a letter from the IRS yesterday saying I owe a $820 penalty for filing partnership taxes late. From what I can tell, they're charging each partner $205 per month late. Since there's two of us, that's how they got to $820 (2 partners Ɨ 2 months Ɨ $205). When I called my accountant about it, he basically shrugged it off saying "Well, partnership returns were due March 15th, and I couldn't file an extension because you didn't give me authorization." What? We've worked together for a decade and talk all the time! Also confused how being less than a month late somehow counts as 2 months in IRS math. Anyway, he told me that I need to handle requesting the penalty waiver myself – not him. He mentioned I could write a letter or call them, but warned about being on hold forever if I call. So my questions are: 1) Should I write a letter or suck it up and call the IRS to ask for the penalty waiver? 2) What should I actually say? This is my first LLC, I had a communication issue with my accountant, but I'm not sure if I should just apologize or try to make a case for why it wasn't my fault. I've got until June 5th to respond, but want to get this resolved ASAP. Any advice would be really appreciated!

Omar Fawaz

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For what it's worth, I think your accountant dropped the ball here. If he knew he needed your authorization to file an extension, he should have proactively reached out for it rather than just letting the deadline pass. Every accountant I've worked with automatically files extensions if they think there's any chance of missing a deadline. I'd seriously consider finding a new accountant who specializes in small business/partnership returns. A good accountant should have warned you about the March 15 deadline for partnerships (it's different than individual returns) and should be helping you with the penalty abatement rather than just shrugging it off.

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Absolutely agree. My accountant always files an extension automatically and then lets me know he did it. You shouldn't have to micromanage your tax professional - that's literally what you're paying them for! Plus a good accountant would help you write the abatement letter or at least give you a template.

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I'm definitely reconsidering our relationship after this. You make excellent points - if I'm paying a professional, they should be proactively managing deadlines and extensions. I've already started researching other accountants in my area who have more experience with small business partnerships.

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Ethan Wilson

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I went through this exact situation with my LLC last year and successfully got the penalty waived. Here's what worked for me: I called the IRS using the number on the penalty notice (not the general 1-800 number). Yes, I was on hold for about 90 minutes, but it was worth it for the immediate resolution. When I got through, I was polite but direct: "I'm calling to request First-Time Penalty Abatement for notice [penalty notice number]. This was my first partnership return, I have a clean filing history, and I was unaware of the March 15th deadline." The representative pulled up my account, confirmed I had no prior penalties, and removed the entire $820 penalty on the spot. No paperwork, no waiting weeks for a response. The key is being specific about "First-Time Penalty Abatement" - don't just ask them to "waive the penalty." One tip: call early in the morning (8 AM EST) when they open. Hold times are typically shorter then. And definitely consider switching accountants - yours should have filed an automatic extension or at minimum warned you about partnership filing deadlines being different from individual returns. Good luck! This is very fixable.

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Paolo Longo

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Based on community reports, checks dated March 3rd, 2025 are starting to arrive as of March 17th, 2025. Most people are reporting 12-18 day delivery times right now. If you don't receive yours by March 24th, you should call immediately as March 25th is the cutoff for the next batch of replacement check processing. Missing that date could push your replacement into mid-April. The Treasury Department confirmed on February 28th that they're experiencing higher than normal paper check volumes for this tax season.

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I'm in the exact same situation! My transcript shows a cashier's check issued 03/03/2025 and I've been checking my mailbox obsessively. After reading through all these responses, it sounds like we're still within the normal timeframe - especially with the Treasury Department processing delays that Paolo mentioned. The explanation from Ava about the multi-step process (IRS generates → Treasury prints → USPS delivers) really helps explain why it takes so much longer than the simple "5-7 business days" we see in publications. I'm going to wait until March 24th as Paolo suggested before calling, but it's reassuring to know others with the same issue date are starting to receive theirs. Thanks everyone for sharing your experiences and timelines!

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Has anyone used FreeTaxUSA? Is it good for reporting both W-2 and gig work? I'm in a similar boat as OP and don't want to pay a ton for tax prep.

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I've used FreeTaxUSA for the last 3 years including for gig work. Way cheaper than TurboTax and handles self-employment stuff really well. Federal filing is free and state is like $15. It walks you through all the deductions you can take for gig work too which saves a ton.

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Luca Greco

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I went through something really similar last year! One thing that helped me was keeping track of all my expenses from the gig work - gas, car maintenance, phone bill (if you used it for deliveries), even the insulated bag I bought. Those deductions ended up saving me quite a bit on the self-employment tax. Also, since you're 23 and your parents might claim you as a dependent, double-check with them first. If they do claim you, you still have to file your own return, but you can't claim the standard deduction for yourself. It doesn't change whether you need to file (you definitely do with that gig income), but it affects how much you might owe or get back. Don't stress too much about not having "official paperwork" for the cash tips - the IRS expects you to report all income regardless. Just keep good records of what you earned and when. Most tax software will handle the Schedule C form for your gig work pretty smoothly.

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Has anyone actually had their Schedule E audited for trying to claim unreimbursed partnership expenses despite the TCJA suspension? I've been claiming my home office on Schedule E anyway because my tax software lets me and I haven't had an issue for 2 years...

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Ethan Scott

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That's playing with fire! The software lets you input it, but that doesn't mean it's legal. Just because you haven't been audited yet doesn't mean you won't be. The IRS has up to 3 years to audit your return (6 years in some cases).

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Good point - definitely don't want to risk an audit. I think I'll look into the guaranteed payment approach mentioned above. Seems like a more legitimate way to get the deduction while staying compliant.

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Dylan Baskin

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I went through this exact situation last year and ended up working with a tax professional to sort it out. Here's what I learned: The key issue is that under TCJA, unreimbursed partnership expenses are essentially not deductible on your personal return through 2025. However, there are several legitimate workarounds: 1. **Partnership Reimbursement Plan**: Have your partnership adopt an accountable plan to reimburse you for the home office expenses. The partnership deducts it, and you don't report the reimbursement as income. 2. **Guaranteed Payments**: As mentioned above, the partnership can make guaranteed payments to you for office space usage, which creates self-employment income that you can then deduct against on Schedule C. 3. **Partnership-Level Allocation**: Some partnerships can allocate these expenses at the entity level rather than having partners claim them individually. The guaranteed payment route worked best for me since it was straightforward to document and my partnership was small enough to easily amend our agreement. Yes, you pay SE tax on the guaranteed payments, but the home office deduction (using the simplified method) often more than offsets this. Whatever you do, don't just claim it on Schedule E without proper structure - the IRS computers will eventually catch up with returns claiming suspended deductions. Better to do it right from the start!

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