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Here's another angle - check if the 1099-NEC might actually be reporting royalty payments or some kind of intellectual property compensation related to her union work from years ago. Some union contracts include residual payments for work products that continue to generate value. If that's the case, it would be reported on Schedule E, not Schedule C, and wouldn't qualify as earned income for EITC but also wouldn't be subject to self-employment tax. The chain preparer was definitely doing something questionable by having her pay SE tax if she wasn't actually self-employed during the tax year.

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Ryder Greene

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How would you determine if it's royalty income vs. other types of payments? The 1099-NEC doesn't really specify the nature of the payment, just the amount.

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You'd need to look at supporting documentation from the union explaining the nature of the payments. Ask your client for any letters, statements, or the original agreement with the union that established these payments. The description might use terms like "residuals," "royalties," or "use of intellectual property." Also check Box 1 of the 1099-NEC to see if there's any description near the amount. Some payers will include a brief memo there. If there's nothing there, your client should contact the union's benefits office directly and ask for a written explanation of what these payments represent.

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This might be an ongoing benefits payment from the union. My brother gets something similar - it's part of his pension arrangement but gets reported on 1099-NEC for some reason. It's definitely not earned income and shouldn't be subject to SE tax. The tax chain was 100% taking advantage of your client. They were artificially boosting the refund with improper EITC to make their fee seem worth it. That's really predatory especially for someone on limited income.

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That's why I stopped going to those tax prep chains. They charged my mom $350 to file a return that literally only had Social Security income on it. Total scam.

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Chris Elmeda

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Another option you might want to consider is a Charitable Remainder Trust (CRT). You contribute the appreciated asset to the trust, get an immediate partial tax deduction, and the trust sells the asset tax-free. The trust then pays you an income stream for life or a set period, and the remainder goes to charity when the trust ends. The math can work out quite well if you're planning to hold the asset long-term anyway. I did this with some tech stocks that had appreciated 1000% and it saved me a ton in capital gains while providing steady income.

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Jean Claude

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Would this work for crypto? I've got some ETH that's gone up like crazy and I'm trying to figure out how to cash some out without giving half to Uncle Sam.

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Chris Elmeda

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Yes, it can work for cryptocurrency. The key is that the trust sells it after you've donated it, so the trust itself doesn't pay capital gains tax on the appreciation. You'll need to find a trustee comfortable with handling crypto assets though, as some traditional trustees aren't familiar with the process. Keep in mind that you're ultimately giving a portion to charity - this isn't a strategy to avoid taxes completely while keeping all the money. But the tax benefits plus the income stream can make the math very favorable compared to just selling and paying capital gains tax directly.

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Has anyone actually tried the S-Corp to Wyoming LLC to trust strategy the OP mentioned? I've heard claims that Wyoming entities provide strong asset protection, but I'm skeptical about the tax benefits. Seems like the IRS would see through this pretty quickly.

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Josef Tearle

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I looked into something similar for my business. The Wyoming LLC part can work for privacy and some liability protection, but it doesn't magically change your tax situation. The IRS follows the money regardless of how many entities you put in between. And trying to loan yourself money through your own entities gets really tricky really fast.

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Aidan Hudson

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Have you looked into filing Schedule C with your taxes? When I was a contractor, I was able to deduct a ton of expenses related to my work - part of my internet bill, phone, computer depreciation, even a portion of rent for my home office space. The self-employment taxes still suck (that 15.3% hits hard), but deductions can really bring down your taxable income. Don't forget to look into the Qualified Business Income deduction too - it lets you deduct 20% of your net profit in most cases.

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Thanks for this! Would I just list "temp worker" as my business on the Schedule C? And for the home office, do I need to have a dedicated room or can it be like a desk in my bedroom? I'm worried about getting audited if I claim too much.

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Aidan Hudson

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You can list "Telecommunications Contractor" or something similar as your business. For home office, the IRS prefers a dedicated space, but it doesn't have to be an entire room - a dedicated desk area that's used regularly and exclusively for work can qualify. Just measure that specific area for your deduction calculation. Don't worry too much about an audit if you're claiming legitimate expenses. Just keep good records of your expenses and be reasonable with your deductions. For example, don't claim 100% of your internet if you also use it for personal stuff - 30-50% is more reasonable depending on how much you use it for work.

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Zoe Wang

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Regardless of the contractor situation, make sure you're setting aside money for next year's taxes! This was my biggest mistake when I first started getting 1099 income. You should be making quarterly estimated tax payments to avoid penalties.

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This is such important advice! I learned this the hard way too. The IRS expects you to pay as you earn throughout the year. I got hit with penalties my first year as a contractor because I didn't know about quarterly payments.

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Something nobody has mentioned yet - you should check if your partner's plan is better than what your new job offers! Often workplace insurance plans vary DRAMATICALLY in quality, coverage, and cost. My husband's plan has a $500 deductible while mine was $3,000. We saved over $2,000 last year by putting me on his plan even though we had to pay extra for it. Even if you're allowed to stay on your partner's plan, it might not be the best financial choice depending on the details of both plans. Also consider that your job is temporary - if you take their insurance, what happens after 5 months? Would there be a gap before you could get back on your partner's plan? These practical considerations are just as important as the tax implications.

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That's a really good point I hadn't considered! The job is offering a high-deductible plan ($2,750) while my partner's plan has a $1,000 deductible. And you're right about the gap - I'm not sure if there would be a waiting period to get back on his insurance after my job ends. Do you know if special enrollment periods apply when you lose job-based coverage?

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Yes, losing job-based coverage does qualify as a special enrollment event that would allow you to join your partner's plan outside the normal enrollment period. You typically have 30 days from the loss of coverage to request enrollment in the new plan. As for the deductible difference, that's definitely something to consider carefully. Also look at the premium costs - what would your employer charge versus what your partner's paycheck deduction would be for adding you? Sometimes the premium difference can outweigh the deductible savings. And don't forget to compare the networks - make sure your doctors are covered in both plans before making a decision.

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ThunderBolt7

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One thing to consider - if your temporary job is W-2 employment, you'll have taxes withheld automatically. But if it's 1099 contract work (which many temporary positions are), you'll need to set aside money for taxes yourself. At your income level jumping up suddenly, you might be surprised by how much you'll owe next year. Also, the $5,050 dependent limit for 2024 is for gross income. If your job is 1099, you can deduct legitimate business expenses which might keep your net income under the limit.

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This is super important! I got a high-paying temp job last year and didn't realize it was 1099 until I got my first check with NO taxes taken out. Was a huge shock when tax time came around. OP should definitely clarify if it's W-2 or 1099 before making any decisions.

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Don't cash that check yet! This happened to my brother last year. Turns out the IRS system had somehow duplicated his return and processed it twice - once correctly showing that he owed money, and once incorrectly showing a refund. When he called, they told him to return the check with a letter explaining the situation. He sent it back certified mail with a copy of his original tax return. About a month later, they withdrew the correct amount from his account. The IRS rep said if he had cashed the erroneous refund check, they would have eventually caught it and he'd owe interest and possibly penalties.

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AstroAce

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How do you return an IRS check properly? Do you just write "VOID" on it and mail it back, or is there a specific process to follow?

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There's a specific process. You should mail the check back to the IRS location listed in the instructions that came with it (or if no instructions, to the IRS office that services your area). Include a brief letter explaining why you're returning it. Don't write VOID on the check - send it back uncashed exactly as you received it. Include your taxpayer info (name, address, SSN) and phone number in your letter. Send it certified mail so you have proof you returned it. The IRS website has instructions for returning erroneous refunds - search for "returning erroneous refund" on IRS.gov.

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Check your tax transcript ASAP! You can access it online at IRS.gov by setting up an account. The transcript will show exactly what happened with your return and why they issued a refund. Most likely explanations: 1) The IRS made a mistake in processing 2) You had credits/payments you weren't aware of 3) Your return had a calculation error the IRS corrected 4) They processed an amended return you didn't file (identity theft risk) If it's #4, you need to contact the IRS fraud department immediately. Had this happen to a client of mine - someone filed a fake amended return in their name.

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Jamal Brown

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I second this! Transcript is the fastest way to see what's happening. My cousin got a surprise refund last year, and the transcript showed someone had filed an amended return with her info. Turned out to be identity theft.

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