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One thing nobody's mentioned yet - make sure you're using the CURRENT version of Form W-4 when hiring someone with an ITIN. The form was completely redesigned in 2020, and a lot of small business owners are still using outdated versions they found online. When someone with an ITIN fills out a W-4, they might get confused by certain sections like the multiple jobs worksheet. I've found it helpful to provide extra guidance since some ITIN holders might not be familiar with all the terminology.
Does the W-4 have different fields or requirements for someone with an ITIN vs SSN? I'm about to hire my first employee with an ITIN and want to make sure I'm handling the paperwork correctly.
The W-4 form itself is exactly the same whether someone has an SSN or ITIN. There are no special fields or differences in how it should be completed. The employee simply enters their ITIN in the space where it asks for "Social Security Number." The potential confusion comes from the terminology and concepts on the form that might be unfamiliar to someone new to the US tax system. Things like "tax credits," "dependents," and "deductions" might need more explanation. The multiple jobs worksheet can be particularly confusing for first-time filers, so I usually take extra time to explain these sections regardless of whether they have an ITIN or SSN.
Quick heads up about electronic filing with ITIN employees - some payroll software struggles with ITINs even though they're formatted just like SSNs. When I tried to e-file with my first ITIN employee, our payroll system kept rejecting the number because it started with a 9. Had to call tech support and they had to make a special adjustment to accept the ITIN format. Might want to test your system with a dummy run before actual payday!
One tip nobody mentioned - make sure you're also considering if you need to amend your state tax return to reflect this additional 1099 income! Most states require you to report federal changes. I had a similar situation with multiple amendments and got hit with a state penalty because I only fixed the federal return.
Good point about the state return! If I amend my federal return for this 1099 income, do I need to wait until the IRS processes that amendment before filing the state amendment? Or should I do both at the same time?
You should check your specific state's requirements as they vary. Most states want you to wait until the federal amendment is completed and accepted by the IRS before filing a state amendment. This is because they'll want you to include a copy of your federal acceptance letter or transcript showing the changes. Some states have a specific timeframe (like 60 or 90 days) after your federal amendment is finalized to submit your state amendment. Missing this deadline can result in penalties, so definitely check your state tax agency's website for their specific process.
Does anyone know if the $1040 income from watching a special needs family member would be considered household employment (requiring Schedule H) rather than self-employment? I had a similar situation and my accountant said it made a difference in how it's taxed.
It depends on who controlled the work. If the family directed exactly how and when care was provided, it might be household employment. If OP was more independent in providing care on their own terms, it's likely self-employment. The distinction matters because household employees don't pay self-employment tax, but employers should pay their share of FICA taxes.
Your family member might be confusing net income vs gross income. If they made $150k GROSS but had $110k in legitimate business expenses, their NET taxable income could be around $40k. At that level, $4k in taxes might be reasonable. As a small business owner, I can write off: - Office space/home office - Equipment (computer, phone, etc) - Software subscriptions - Marketing costs - Travel for business - Professional development - Health insurance premiums
But wouldn't they still have to pay self-employment tax too? Even with $40k net income, shouldn't that be more than $4k total tax between income tax and SE tax?
You're absolutely right about self-employment tax. Even with $40k net income, they would owe about 15.3% in self-employment tax alone, which would be around $6,120. Then they'd still owe some amount of income tax on top of that, even after taking the standard deduction.
Has anyone considered they might be maxing out retirement accounts? Self-employed people can contribute way more to retirement than regular employees. They could be putting like $60k+ into a SEP IRA or solo 401k which would drastically reduce their taxable income.
That's a great point. For 2023, self-employed individuals could contribute up to $66,000 to a Solo 401(k) if they're under 50. Add in a maxed HSA contribution and some business expenses, and you could bring that taxable income way down legitimately.
Your friend is getting ripped off, plain and simple. I've been using the free version of FreeTaxUSA for years with similar circumstances (W-2 and some investment income). Takes me maybe 45 minutes once a year and costs nothing for federal filing. State is like $15. The audit fear is completely irrational for a simple return like his. If he's having his employer withhold taxes properly and reporting all his income (which H&R Block isn't magically doing better than tax software would), his audit risk is practically zero.
Is FreeTaxUSA actually user-friendly? I tried using the IRS free file system directly once and it was a nightmare to navigate. I ended up going back to paying for TurboTax because the interface was better, but I'd love to save some money.
FreeTaxUSA is surprisingly user-friendly! It's not as flashy as TurboTax, but the interface is clean and straightforward. It walks you through each section with simple questions and explanations. You can save and come back to it, and it has a good review system to catch common errors. The best part is they don't do that annoying bait-and-switch that some other "free" services do where they surprise you with fees at the end for slightly more complex returns. Federal is actually free for almost all personal tax situations, and state is a flat $15 fee.
LOL at the idea of going to jail for a tax mistake on a simple W-2 return. The IRS isn't out here arresting people for honest math errors. They typically just send you a letter if something doesn't match up, like "hey we noticed your W-2 says $45,000 but you reported $40,000" and then you pay the difference plus maybe a small penalty. I was like your friend until I realized H&R Block was literally just typing the exact same numbers from my forms into the same software I could use myself for a fraction of the price.
Exactly! Tax evasion charges are for people hiding millions in offshore accounts or completely fabricating businesses, not someone who made a mistake entering their dividend income. Your friend needs to realize the IRS has bigger fish to fry than simple returns with minor errors.
Zara Ahmed
I went through the exact same thing last year! Just to add to what others have said - make sure your cost basis is reported correctly on your 1099-B. Sometimes brokers don't report the correct cost basis to the IRS for RSUs, which can make it look like your entire proceeds are gains (which would be bad). If the cost basis on your 1099-B doesn't match what was included in your W-2 income when the shares vested, you'll need to make an adjustment on your tax return. Look at Form 8949 - there's a code "B" you can use to indicate an adjusted basis. Also check if your broker is using "first-in, first-out" (FIFO) for calculating which shares were sold. This can affect your gains calculation if you received RSUs at different times with different vesting prices.
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Ravi Sharma
ā¢Thank you for mentioning this! I just checked my 1099-B and I think this might be part of my problem. The cost basis seems lower than what I remember the shares being worth when they vested. How exactly do I use this Form 8949 to make the adjustment?
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Zara Ahmed
ā¢You'll need to complete Form 8949 with your tax return. In column (a), enter the description of the property (your company stock). In columns (b) through (g), enter the information from your 1099-B. Then in column (g), enter the correct amount of gain or loss using your actual cost basis (the FMV on vesting date). In column (f), check box B to indicate you're reporting a basis different from what was reported to the IRS. You'll also need to attach an explanation statement to your return that explains why you're adjusting the basis - something like "Adjusting cost basis to fair market value at RSU vesting date, which was included as income on my W-2.
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Luca Conti
One thing nobody has mentioned yet - check if your company has an ESPP (Employee Stock Purchase Plan) in addition to the RSUs. Those have completely different tax rules and might be adding to your confusion if you're participating in both programs. Also, some companies provide statements that break down all your equity compensation events for the year. Ask your HR or benefits department if they provide a supplemental equity statement that might help clarify things.
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Nia Johnson
ā¢Great point! I mixed up my RSUs and ESPP shares last year and almost reported everything wrong. ESPP shares are WAY more complicated tax-wise because of the discount and lookback provisions. What helped me was downloading a detailed transaction history from my company's stock administrator (like E*TRADE, Fidelity, Morgan Stanley, etc.) and looking at the transaction types. RSUs will show as "RSU Release" or similar when they vest, while ESPP purchases will show as "ESPP Purchase.
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