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Just a heads up - make sure you're distinguishing between the extension for filing with the IRS and the deadline for providing forms to recipients. From what I understand, the January 31 deadline for giving 1099-NECs to contractors CAN'T be extended. The extension only applies to the IRS filing portion. So you're still likely facing penalties for the late recipient copies. But definitely pursue reasonable cause arguments. Document everything - the employee turnover, when you discovered the issue, and all steps taken to correct it.
Wait seriously? So even if they approve my extension request, I'm still on the hook for late penalties for not getting them to the contractors by 1/31? That's not what I was expecting at all.
Yes, that's correct. The extension for 1099-NEC forms only applies to the portion you file with the IRS, not the requirement to furnish copies to recipients by January 31. This is different from some other tax forms, and it confuses many business owners. The recipient copies were legally required to be delivered by January 31 regardless of any extension. This is because the recipients need this information to accurately prepare their own tax returns. However, documenting your reasonable cause (the employee turnover) is still important, as it may help reduce penalties through a penalty abatement request even though it won't eliminate them entirely.
Pro tip: If you end up having to pay penalties, make sure you understand how they're calculated for 1099-NEC forms. The penalties are PER FORM and increase the later you file: $50 per form if you file within 30 days of the due date $110 per form if you file more than 30 days late but before August 1 $280 per form if you file on or after August 1 or don't file at all And those are for "unintentional" failures. If the IRS decides you intentionally disregarded the requirements, it jumps to $570 per form! With 40 forms, that adds up fast. Get those forms out ASAP to minimize the damage.
The IRS rarely hits people with the "intentional disregard" penalty though - that's usually reserved for repeat offenders or when there's evidence you were deliberately trying to avoid your obligations. As long as you're making a genuine effort to correct the situation now, you'll likely just face the standard penalties.
Just want to add one important thing about the joint filing election - if you go this route, make sure your wife has either a Social Security Number or an ITIN (Individual Taxpayer Identification Number). You can't make the election without a tax ID number for her. If she doesn't have either one yet, you should apply for an ITIN using Form W-7 when you file your return. Just be aware this will delay your processing time. Also, think carefully about whether joint filing is actually beneficial in your situation. Sometimes it's better tax-wise to file separately if your non-resident spouse has significant foreign income that would become taxable in the US under the election.
Thanks for pointing this out! My wife does have an SSN since she's been working with her F1 OPT. Do you know if making this election means we'd have to keep filing jointly every year going forward? Or can we choose differently next year?
That's good she already has an SSN - that will make the process much smoother. Regarding future years, the election remains in effect for all future tax years until it's terminated. You can terminate it in several ways: either spouse can revoke it by filing a statement, it automatically terminates if either spouse dies, you get legally separated under a decree of divorce or separate maintenance, or the IRS can terminate it with notice to either spouse if they determine that information to determine tax liability is inadequate. So yes, you're essentially committing to joint filing going forward unless one of those termination events occurs. That's why it's important to consider the long-term implications before making the election.
Random question - but does anyone know if TurboTax can handle this kind of situation with the Section 6013(g) election and manually entering capital gains that aren't on any tax forms? Or is this the kind of situation where you need a specialized tax preparer?
I tried doing this in TurboTax last year and it was a nightmare. It technically can handle it, but you have to know exactly what you're doing. The software doesn't really guide you through the 6013(g) election process clearly. For the capital gains, you can manually enter them in TurboTax, but again, you need to know exactly where to put everything.
Important to note - your friend should be careful about what she says if she does call the IRS. They record calls and anything she admits to could potentially be used if they decide to pursue penalties for knowingly providing false information. The penalty for filing a fraudulent return can be up to 75% of the underpayment, plus potentially criminal charges in serious cases (though that's rare for something like this). She should consider consulting with a tax professional before making any calls.
Do you think this rises to the level of actual fraud though? I mean, she did provide incorrect information, but is misreporting health insurance coverage really something they prosecute for? I'm trying to gauge how serious this is.
It likely wouldn't rise to the level of criminal prosecution unless there were other serious issues with the return. The key distinction is between a mistake and willful misrepresentation. If she knowingly provided false information, that technically constitutes fraud, even if the direct financial impact is minimal. That said, for just health insurance misreporting without tax impact, the practical risk is relatively low. The IRS has limited resources and focuses enforcement on cases with significant revenue impact. Still, the safest approach is filing an amended return with the correct information to avoid any potential issues.
One thing nobody's mentioned - if her return is just delayed, it might have nothing to do with the health insurance issue at all. My return took 11 weeks to process last year because of a backlog. The IRS is STILL catching up from the pandemic and staffing issues. Not every delay means they found a problem. Sometimes it's just the system being slow. And even if they do flag something, they usually send a letter asking for clarification before assuming fraud.
That's a really good point. I had a completely accurate return last year that took over 8 weeks, and I got no explanation. My friend filed the same week and got his refund in 10 days. The systems seem pretty random sometimes.
7 One thing to be careful about when mailing returns - make sure you send it CERTIFIED mail with tracking! My brother had his identity stolen too and had to mail in his return. He just put it in a regular envelope with stamps and it apparently got lost. Took him over 8 months to sort out the mess. The extra $4-5 for certified mail is totally worth the peace of mind. Plus you'll have proof the IRS received it if they try to hit you with a late filing penalty (which happened to my brother initially).
22 Do you need to go to the post office for certified mail or can you do it online somehow? I'm trying to avoid standing in those crazy post office lines.
7 You do need to go to the post office for certified mail, unfortunately. There's no way to do it completely online since they need to give you the tracking receipt in person. But here's a tip - you can use the USPS website to pre-fill all the certified mail forms and pre-pay, then just drop it off at the counter. Much faster than waiting in the regular line. If you absolutely can't make it to the post office, you could use a private service like UPS or FedEx which also provides tracking, and you can schedule those pickups online. Just make sure you're sending it to the correct IRS mailing address if you use a private delivery service.
5 Just a quick tip for anyone in this situation - when you print your return from TurboTax or FreeTaxUSA, make sure you also print a second copy for yourself! When I had to mail mine in last year, I forgot to keep a copy and then had questions about something months later and had no reference.
Luca Marino
One thing nobody's mentioned yet - keep track of how long it takes you to do your taxes yourself. Then multiply your hourly wage by that time and see if it's actually worth it. If your tax situation is simple like you described, it probably is worth DIYing. But if it gets complicated, sometimes paying a pro actually saves money in the long run!
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Nia Davis
ā¢But that assumes you'd otherwise be working during that time. If you're doing taxes on a weekend when you'd just be watching Netflix anyway, isn't the calculation different?
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Luca Marino
ā¢You make a fair point about the weekend time value! I hadn't considered that angle, and you're right that if it's time you wouldn't be earning money anyway, the calculation changes. My main point was just to be mindful that sometimes we focus so much on saving the prep fee that we don't consider the value of our time or potential mistakes. But for a simple return like OP described, I agree it's likely worth it regardless of when you do it.
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Mateo Perez
Has anyone tried FreeTaxUSA? I keep hearing it's good for people with simple returns like yours and WAY cheaper than TurboTax.
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Aisha Rahman
ā¢I've used FreeTaxUSA for 3 years now and love it. Federal filing is free and state is like $15. Interface isn't as slick as TurboTax but it does everything you need. I have W-2, mortgage interest, and retirement contributions too - worked great.
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