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Just to add my two cents as someone who prepares taxes - what your stepdaughter is experiencing is actually fairly common with small businesses that don't understand employment tax rules. The daycare likely thinks they're doing her a favor by not withholding taxes on the bonuses. The proper way is definitely to report it all on a W-2. But if they won't fix it, you have options: 1. File Schedule C/SE and pay self-employment tax (most expensive) 2. File Form 8919 with code H (as others mentioned) 3. File Form SS-8 asking the IRS to determine her status (this can take 6+ months) Option 2 is usually best for most people in this situation.
Would option 2 trigger an audit or get her employer in trouble? She likes her job and doesn't want to cause problems, just wants to file correctly.
Filing Form 8919 with code H generally won't trigger an audit for your stepdaughter - it's a fairly common form used specifically for these situations. The form itself doesn't automatically lead to employer penalties. However, it does potentially flag the employer's practices to the IRS. This doesn't mean they'll immediately get audited, but if many employees file this form, it could eventually lead to questions for the employer. That said, your stepdaughter's primary concern should be filing her taxes correctly, not protecting her employer from their own incorrect practices. The employer is already putting her at a financial disadvantage by making her pay extra taxes.
Has anyone used TurboTax to handle this kind of situation? I have a similar issue but I'm not sure if the software will walk me through it properly or if I need to see a professional.
I used TurboTax last year for exactly this situation. It can definitely handle it, but you need to be careful about how you enter it. Don't just enter the 1099-NEC in the "self-employment income" section automatically or you'll end up paying too much tax. Instead, when you get to the income section, look for the option about "Form 8919" or something like "I received a 1099 but should have received a W-2" (wording might vary slightly). TurboTax will then guide you through filing with Form 8919 which is much better than filing Schedule C for misclassified wages.
One piece of advice I don't see mentioned yet - keep VERY detailed records of your disallowed passive losses from year to year. I learned this the hard way when I was audited three years after reporting a large passive loss on a rental. The IRS wanted documentation of EVERY passive loss I'd ever reported and carried forward. Creating a separate spreadsheet that tracks each year's loss, how much was used (if any), and the running total carried forward is essential. Also keep copies of all Form 8582s from previous years.
How detailed do these records need to be? Like do I need to track each expense category separately for the carryover or just the total loss amount each year? I've been just writing the total on a notepad file on my computer...
You should definitely track more than just the total. At minimum, track each property separately if you have multiple rentals, the total loss for each property each year, how much was allowed to be deducted (if any), and the running balance of disallowed losses. I also recommend keeping a copy of the complete Schedule E and Form 8582 for each year, not just the totals. During my audit, the IRS wanted to see the connection between what was reported on Schedule E and what flowed to Form 8582, including all allocation calculations. I had some losses that were partially allowed due to passive income from other sources, and they scrutinized how I calculated those allocations.
Quick question related to this - does anyone know if short-term rentals (like Airbnb) are treated the same way for passive activity loss rules? I have a vacation home that I rent out part-time and also had a loss last year.
Short-term rentals can actually be treated differently in some cases! If your average rental period is 7 days or less, the IRS may consider it a "business" rather than a rental activity. This means it might be reported on Schedule C instead and subject to different passive activity rules. The material participation standards would apply instead of the rental real estate rules.
One thing nobody's mentioned yet is that transferable tax credits often sell at different discounts depending on the source of the credit. In my state (Louisiana), film credits typically sell at a deeper discount (85-90 cents on the dollar) compared to historic preservation credits (92-95 cents). Also, some brokers have much higher fees than the $300 you mentioned. I was quoted fees ranging from 1-3% by different brokers for the same credit purchase. Your CPA's fee seems reasonable. The time value aspect is critical too. If you're paying $93.5K now to save $25K per year for 4 years, that's very different from saving the full $100K immediately. Your analysis about the annualized return is spot-on.
Do you know if there's a secondary market for these credits if someone needs to cash out early? Like if I buy them but then need the money back before using all the credits - can I resell them?
Yes, there is typically a secondary market for unused transferable tax credits, though it varies significantly by state. In Louisiana, for example, you can resell unused film credits, but you'll likely take another haircut on the price - meaning you'd sell at an even deeper discount than what you paid. The marketability also depends on the credit type and remaining utilization period. Credits with longer remaining lifespans and from more established programs (like historic preservation) tend to be more liquid than newer or more niche credit programs. Some states also have restrictions on how many times a credit can be transferred, so you'd need to check your specific state's rules.
Lots of smart advice here. I'll add that I've purchased transferable credits twice and had different experiences. First time was solar credits in NJ at 88 cents/dollar, which worked well because I had a big tax bill that year and could use them immediately. Second time was for film credits in GA at 90 cents/dollar, but my income dropped unexpectedly that year and I couldn't use them fully. Ended up carrying them forward but that reduced my effective return. One question: did your CPA mention verification of the credits? Some states provide verification services to confirm the credits are legitimate before purchase. DEFINITELY do this if you ever reconsider!
What documentation did you receive when you purchased the credits? I'm considering buying some but don't know what paperwork to expect or what should raise red flags.
For my purchases, I received several key documents that you should absolutely expect if you go forward with buying credits. For the NJ solar credits, I got the original credit certificate from the state showing the amount and validity period, a notarized transfer document signed by the original credit recipient, and confirmation from the state tax authority that the transfer was recorded in their system. For the GA film credits, the documentation was similar but also included the production company's certification letter from the film commission. When purchasing any credits, you should always get written verification from the state that the credits exist and haven't been previously transferred or used. Some states have online systems where you can verify this information directly. The biggest red flags would be reluctance to provide proper documentation, pressure to complete the transaction quickly without verification, or inability to explain the origin and certification of the credits.
You need to file form 8379 (Injured Spouse Allocation) with your paper return. Had the same problem when my husband claimed our twins when I was supposed to. This form tells the IRS there's a conflict and helps them sort it out faster.
That's not right. Form 8379 is for when your spouse's past-due obligations (like child support) are affecting your portion of a joint refund. This is a different situation with two separate returns claiming the same dependent.
You're absolutely right, I got the forms mixed up. Form 8379 is for injured spouse allocation, not dependent disputes. What I should have suggested is that OP needs to file a paper return claiming the child as entitled, along with all supporting documentation. There isn't actually a specific form for this situation - the paper filing itself is the process. Thanks for the correction!
Has your partner actually received the refund yet with the child tax credit? If not, might be easier for her to just cancel the current return and refile correctly rather than doing an amendment. Much faster.
You can't actually "cancel" a tax return once it's been accepted by the IRS. The only option at that point is to file an amended return, which is what OP's partner already did.
I didn't know that! I thought you could cancel within a certain timeframe if you made a mistake. Thanks for the correction. I guess the paper return is really the only option then, like others have suggested. Definitely file before the deadline, even if it means sending in an incomplete return with a note that you'll provide additional documentation.
Giovanni Greco
One thing I didn't see mentioned that really helped me was getting proper accounting software right from the start. I use QuickBooks Self-Employed and it makes categorizing expenses and tracking mileage so much easier. Connects to your bank accounts and credit cards to automatically import transactions. At tax time, it generates reports that make filing so much simpler, especially for Schedule C. It also helps calculate quarterly estimated taxes based on your actual income and expenses.
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Carmen Ruiz
ā¢Do you think QuickBooks is worth the monthly cost? I've been using a spreadsheet so far but it's getting unwieldy as my business grows. Are there any free alternatives that are decent?
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Giovanni Greco
ā¢Absolutely worth the cost in my opinion. The time savings alone pays for itself - what used to take me hours each month now takes minutes. Plus it reduces the chances of errors or missing deductions. The mileage tracker alone saves me hundreds in deductions I would have forgotten to log. There are free alternatives like Wave Accounting which is decent for basic bookkeeping. But they typically lack the more advanced features like receipt scanning and mileage tracking. If you're grossing $135k, investing $15-25 per month in proper accounting software is definitely worth it. Just remember to deduct the subscription cost as a business expense!
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Fatima Al-Farsi
Don't forget about business insurance as a tax deduction! As a sole proprietor, having general liability insurance and professional liability/E&O insurance is not only smart protection, but also fully deductible. Same with health insurance premiums. Also, if you use your cell phone for business, you can deduct the business percentage. Same with internet. And if you pay for any continuing education related to your field, that's deductible too.
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Dylan Wright
ā¢Does anyone know if disability insurance is also deductible? I've been thinking about getting it since as a sole proprietor I don't have any safety net if I get sick or injured and can't work.
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