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Ask the community...

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Rajiv Kumar

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22 Just a heads up - while it's true you don't need to file if your gifts are under the annual exclusion, make sure you're calculating everything correctly. Did you give any other gifts to these same people during the year? Cash, paying bills directly, or adding someone to property deeds all count. Also, if you're married, you and your spouse can split gifts (effectively doubling the exclusion amount) but you DO need to file Form 709 to elect gift splitting even if you don't owe any tax.

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Rajiv Kumar

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1 Thanks for this additional info! The only gifts I gave were those three payments for my kids' down payments. I'm widowed, so no spouse to worry about for gift splitting. I definitely didn't exceed $17,000 per person - each payment was exactly $15,000 since that was the exclusion limit I remembered from a few years ago (before it increased).

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Rajiv Kumar

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22 You're all set then! The annual exclusion was $15,000 for 2018-2021, then increased to $16,000 for 2022, and $17,000 for 2023. Since your gifts were $15,000 each, you're well under the threshold even for 2022. And being widowed means you don't need to worry about the gift-splitting election. Just keep good records of these gifts for your own files - dates, amounts, and recipients. This can be helpful in case questions ever arise in the future, but you definitely don't need to file Form 709.

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Rajiv Kumar

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5 Somewhat related question - if I did need to file Form 709 but had already filed an extension with Form 8892, when would the new deadline be? Is it October 15th like regular income tax extensions?

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Rajiv Kumar

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19 Gift tax extensions work differently than income tax extensions. Form 8892 extends the deadline to October 15th, but only if you also filed an extension for your income tax return (Form 1040). If you didn't extend your 1040, the 709 extension only goes to April 15th plus 6 months, which would also be October 15th. So either way, October 15th would be your deadline.

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Former salon manager here. What your wife's employer is doing is unfortunately common practice in some salons, but it's definitely not right. Here's why they're doing it: when tips are properly reported, the business has to pay the employer portion of Social Security and Medicare taxes on those tips. By telling employees to "handle it themselves," they're avoiding these costs. For credit card tips specifically, this is extremely sketchy because there's already a paper trail. The IRS can easily see that the business processed credit card tips but didn't report them properly on W-2s. Your wife should absolutely keep her own detailed records of ALL tips received, noting which were cash and which were credit card. This will protect her if there's ever an audit.

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Is there a way to report this kind of behavior anonymously? My salon does the same thing and I'm worried about taxes but don't want to lose my job for causing problems.

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Yes, you can report tax compliance issues anonymously using IRS Form 3949-A (Information Referral). You can submit this form without providing your personal information, and the IRS is prohibited from disclosing the source of their information during an investigation. That said, if you're the only employee suddenly concerned about tip reporting, it might be obvious who made the report. Some employees choose to first approach the situation by simply saying they need proper tip reporting for mortgage application purposes or similar financial reasons - this sometimes can change the employer's approach without creating conflict.

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Just want to add - check your state laws too! Some states have additional requirements for tip reporting and minimum wage calculations for tipped employees. In my state, employers who take a tip credit have to provide written notification to employees about tip reporting procedures. Also, if your wife is getting health insurance or other benefits through this job, unreported income could affect her qualification or subsidy amounts if she's getting coverage through the ACA marketplace. It really can create a cascade of problems beyond just the IRS issues others mentioned.

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Alicia Stern

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This is a really good point! When I was reporting tips incorrectly, it messed up my income verification for an apartment rental application. The landlord wanted proof of income and my paystubs showed way less than I actually made. Created a huge headache and almost lost the apartment.

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Yuki Sato

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Contact your payroll department immediately! This happened to me in 2023, and it was because my company's payroll system had a glitch that caused duplicate reporting for about 50 employees. If multiple people at your company are affected, the IRS might already be aware of a systematic error. My company had to issue corrected W-2c forms to everyone affected and file corrections with the IRS. Keep records of EVERYTHING - emails with payroll, copies of your original W-2, pay stubs, etc. The more documentation you have showing the correct amounts, the easier this will be to resolve.

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Thanks for this advice. I reached out to our payroll department yesterday and they're "looking into it." Did your company initially deny there was an issue? I'm getting some resistance from our HR coordinator who keeps insisting their reporting was correct.

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Yuki Sato

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Yes, at first they denied anything was wrong! It took about two weeks of me and other affected coworkers persistently following up before they finally investigated properly. Their initial response was "our system doesn't make mistakes" but clearly it did. Ask if anyone else in the company received similar notices - that was what finally got them to take it seriously when they realized multiple people were affected. If possible, get a copy of your "Last Pay Statement" for the tax year in question - this should show your year-to-date earnings and withholdings that should match your W-2.

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Don't let this slide or procrastinate on it! My brother ignored a CP2501 thinking it was just a minor discrepancy, and it escalated to a CP3219A notice of deficiency. Once that happens, your options become much more limited. The IRS gives you 30 days to respond to a CP2501. Make sure you meet that deadline even if you're still gathering information. You can write them explaining you're working with your employer to resolve the reporting error and request additional time.

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Andre Dubois

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What happens if you miss the 30 day deadline? My notice arrived when I was traveling for work and I just opened it yesterday. The response due date is in 5 days!

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Just an FYI for anyone dealing with this - I'm a payroll specialist (not for Paycom) and this is unfortunately a common mistake. The confusion usually happens because both HSA contributions AND cafeteria plan premiums are pre-tax, but they're handled differently on the W2. For clarification: - Box 12 Code W: Only HSA contributions - Cafeteria plan premiums: No specific box, they simply reduce wages in Box 1 - FSA contributions: Box 14 (optional) or just reduce Box 1 - 401k contributions: Box 12 Code D If your payroll person insists they're right, ask them to check IRS Publication 969 and the W2 instructions specifically for Box 12 Code W.

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This is super helpful! Would it make a difference if some of the additional amount in Code W might be employer contributions to the HSA? My employer doesn't contribute to mine, but I'm wondering if that could explain why some companies might have a higher number there.

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Yes, that's a good question! If your employer makes contributions to your HSA, those amounts ARE included in Box 12 Code W along with your own contributions. So the total in Code W would be the combination of your contributions plus your employer's contributions. But in your case, since you said your employer doesn't contribute to your HSA, that's not the explanation. This is definitely an error where they're incorrectly including cafeteria plan premiums in Code W.

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Sorry if this is a dumb question but how urgently does this need to be fixed? I just checked my W2 and I think they made the same mistake. I've already filed my taxes though... am I going to get in trouble with the IRS?

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Don't worry, it's not a dumb question at all. If you've already filed, you should still try to get a corrected W2 from your employer. Once you receive it, you'd need to file an amended return (Form 1040-X). If the incorrect W2 makes it look like you over-contributed to your HSA, the IRS might send you a notice. In that case, you'd need to respond with an explanation and documentation showing your actual HSA contributions. It's better to be proactive, but you won't get in serious trouble - worst case would be having to pay a 6% excise tax on any "excess contributions" until the issue is resolved.

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Has anyone considered whether your mom could be classified as an independent contractor vs an employee? If she's only playing at events organized by one company, and they direct when and where she performs, she might actually qualify as an employee. In that case, the wedding coordinator should be paying half of her FICA taxes. The IRS has a 20-factor test to determine proper classification. Might be worth looking into if this is ongoing work. The coordinator can't just give someone a 1099 to avoid payroll taxes if the relationship is really employer-employee.

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Zara Malik

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That's really interesting - I hadn't even considered that possibility. She does only work through this one coordinator who tells her exactly when to show up, what to wear, and even provides a specific set list for each event. The coordinator also handles all client interactions and payments. Would those factors suggest she should be an employee?

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Those factors definitely suggest she might be misclassified! When the business controls the when, where, and how of the work, that strongly indicates an employment relationship rather than independent contractor status. Other indicators include if they provide equipment (though you mentioned venues have the pianos), if she can't work for competitors, and if she's economically dependent on this one business. If misclassified, filing Form SS-8 with the IRS would request a determination of worker status. She could also file Form 8919 to report her share of uncollected Social Security and Medicare taxes. This would potentially reduce her tax burden since she'd only be responsible for the employee portion (7.65%) rather than the full self-employment tax (15.3%).

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Carmen Ruiz

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Guys I'm in a similar situation but with writing gigs. If I made around $5k last year from freelance work, do I HAVE to file Schedule SE? Can't I just pay the income tax and skip the self-employment part? The extra 15% is killing me financially.

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Luca Greco

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Unfortunately, you do have to file Schedule SE if your net earnings from self-employment are $400 or more. There's no legal way to "skip" the self-employment tax as it funds your future Social Security and Medicare benefits. However, you can potentially reduce your self-employment income by making sure you're claiming all legitimate business deductions on Schedule C first. Things like your computer, portion of internet/phone, home office, software subscriptions, and professional development can all reduce your net profit subject to SE tax.

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Carmen Ruiz

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Thanks for the honest answer. Guess I just needed someone to confirm I can't avoid it. I'll look into those deductions for sure. Do you know if the SE tax is calculated before or after regular income tax? Just trying to understand the full picture of what I'm paying.

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