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Have you considered talking to your state's Department of Labor about this? Sounds like a clear misclassification case. I was in a similar situation as a personal trainer and had to file an SS-8 form with the IRS.

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I did this for my job as a martial arts instructor. It took about 6 months but the IRS determined I was misclassified and I was able to file as self-employed, which saved me thousands in deductions.

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Ethan Wilson

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Just wondering - how much are you paying in Social Security and Medicare taxes on your W2? As a 1099 contractor, you'd pay both the employer and employee portions (self-employment tax), which is about 15.3%. Make sure you're factoring that in when deciding if you want to push for reclassification.

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NeonNova

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This is actually a really important point! When I switched from W2 to 1099 for my coaching job, I was excited about the deductions but then got hit with that self-employment tax. Wasn't prepared for it.

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Omar Zaki

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I hadn't even thought about that aspect. My last pay stub shows I'm paying about 7.65% for Social Security and Medicare combined. So I'd basically be paying double that as a 1099? That definitely changes the math on whether pushing for reclassification makes sense. I'll need to calculate if the deductions would offset that extra cost.

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Navigating University Scholarship with Kiddie Tax Complications - Need Tax Credit Advice

My daughter just got an incredible full-ride scholarship to her dream university that will cover everything for her 4 years there. The awesome part is that unused scholarship money rolls over year to year, and she can use it for summer research trips, study abroad housing, and other educational stuff beyond basic tuition. The not-so-awesome part? I'm realizing the kiddie tax nightmare we're facing. For all the "non-required" expenses, I've done the math and figure she'll owe around $3,000 in taxes each year. We're planning to make estimated tax payments so we don't get hit with those underpayment penalties. Here's what I'm trying to figure out: If we pay the first $2,500 of tuition out-of-pocket instead of using scholarship money, can we claim that amount for the American Opportunity Tax Credit? (I know MAGI limits apply) Since her scholarship funds roll over and can be used for other educational stuff later, it seems like we'd be leaving $10,000 on the table over 4 years if we don't take advantage of this. Also, can my daughter claim this credit on her own tax return? I'm thinking it's best to have her make that tuition payment to reduce her withholding needs, but I've read that if she's our dependent (which she is), the AOTC has to be claimed on our return instead. Does this mean we still need to make estimated tax payments to her IRS account to stay below that $1,000 threshold for underpayment penalties? Any advice on this admittedly good problem to have would be appreciated! Between paying for college and dealing with taxes, my brain is fried lol

Omar Zaki

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Here's another angle to consider with your daughter's scholarship: If she's planning to go to grad school eventually, it might be worth strategically making some of the scholarship taxable during undergrad years when her income is super low. That way she preserves more scholarship money for later when the AOTC isn't available anymore. My daughter did this - we paid the first $4,000 of tuition out of pocket each year (getting the full AOTC on our return), and allocated some scholarship to room/board (making it taxable to her). Because her only income was that taxable scholarship portion, her tax rate was minimal. She ended up with extra scholarship money that carried over, which she used for a summer research program and the first semester of her master's program. Just something else to consider if grad school might be in the picture eventually.

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That's a really interesting approach I hadn't considered! My daughter is definitely talking about grad school already (she's interested in research). How did you handle the estimated tax payments during those years? And did you run into any issues with the financial aid office regarding how you were allocating the scholarship funds?

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Omar Zaki

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We calculated her quarterly estimated tax payments based on the taxable scholarship amount. Since her only income was the taxable portion of the scholarship, it was pretty straightforward - we just divided her expected tax liability by four and made the quarterly payments. She never owed more than about $800 per year in total federal taxes because her taxable income was relatively low. We didn't have any issues with the financial aid office at all. They actually helped us understand how to properly document the allocation between tuition/fees and the room/board expenses. The key was communicating with them about our plan. They provided documentation showing which expenses were considered qualified education expenses versus living expenses, which made tax filing much easier. Most financial aid offices deal with this situation regularly and can provide the documentation you'll need for tax purposes.

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AstroAce

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One thing nobody's mentioned yet - if your daughter does any paid internships or has other income during college, that will affect the kiddie tax calculations too. My son had a full scholarship similar to your daughter's, but then got a paid research position in his sophomore year that pushed his income up. This complicated things because suddenly some of his scholarship income was being taxed at OUR marginal rate instead of his lower rate. We had to adjust our tax planning mid-year. Just something to keep in mind if she might work during school at all!

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Chloe Martin

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That's a really important point. Do you know what the threshold is where the kiddie tax kicks in? Is it just the standard deduction amount or is there some other limit?

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EEHIC: Can I claim full credit when HVAC installer was murdered before completion?

So I'm dealing with a really bizarre and unfortunate situation with my Energy Efficient Home Improvement Credit. I hired a local HVAC contractor (one-man business) to install a new Carrier 21 SEER heat pump system at my house. He delivered all the equipment and had it positioned, but before he could finish the installation, he was tragically murdered. This has turned into a whole legal mess, as charges have been filed against someone, but the case is still ongoing. We were left without air conditioning for almost 5 weeks in the middle of the southern summer heat wave trying to locate him (before finding out what happened). Eventually, we had to hire another contractor to come finish the installation, who we paid about $3,500 for the labor to complete everything. The original quote for the entire job was $10,800, but we hadn't paid the original installer anything yet. I'm assuming we'll eventually have to pay his estate for the equipment once the legal situation gets resolved, but possibly not the full amount since we were left hanging and had to pay someone else to finish. My questions about the EEHIC tax credit: 1. Can I claim the full $10,800 on this year's taxes even though I haven't actually paid the original contractor yet due to his estate being tied up in this murder investigation? 2. If I can only claim what I've paid so far ($3,500), can I claim the rest next year when I eventually pay his estate? 3. Should I just claim the $3,500 now and then amend my 2023 return later once everything is paid? 4. Can I claim both the heat pump credit ($2,000 max) AND the air conditioner credit ($600 max) since this was a complete system with heat pump and emergency heat strips? I know this is a really unusual situation. Any advice would be appreciated.

AstroAce

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I hate to be morbid, but this might create another complication - did the contractor have insurance? If so, and if there's an insurance payout, the amount you'd legally owe the estate might be reduced. I went through something similar (contractor had medical emergency, not murder) and their business insurance covered part of what we would have owed, reducing our final payment. This affected what we could claim for the energy credit since we didn't actually pay the full original amount.

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Nia Thompson

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That's a good point I hadn't considered. I have no idea if he had insurance, but I'll definitely look into that. The police haven't given us much information about his business affairs due to the ongoing investigation. I'm guessing we'll learn more once the criminal case progresses and the estate gets settled. Would business insurance typically cover something like this?

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AstroAce

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Most legitimate HVAC contractors carry some form of business insurance that might cover situations where they can't complete contracted work. It varies widely by policy, but many include provisions for "business interruption" or "contract fulfillment" that could apply here. The estate administrator would be the one handling these claims once appointed by the court. I'd recommend documenting everything meticulously - your original contract, what was completed, what you paid to the second contractor, etc. This will be important not just for the tax credit but also for any future discussions with the estate. In my situation, the insurance company actually contacted us directly once a claim was filed, but that might take time given the circumstances.

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Side issue here - but be prepared for delays with your credit. I submitted a perfectly valid EEHIC claim for my heat pump installation last year and got a letter 6 months later from the IRS requesting additional documentation. Apparently they've been scrutinizing these energy credits more closely. Make sure you keep ALL receipts, manufacturer certifications showing the SEER rating, contractor information, and proof of payments.

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Jamal Brown

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100% this. I got audited specifically on my EEHIC claim last year. They wanted the AHRI certificate showing the exact efficiency ratings, proof the contractor was certified, and itemized invoices showing what portion was for equipment vs labor. The equipment manufacturer specs were super important - they rejected my first submission because it didn't clearly show the SEER2 rating.

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Khalid Howes

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Just want to add another option - check your IRS online account if you have one. Sometimes your W-2 info is already there in the system even if you never received the physical form. Employers submit this info directly to the IRS, so you might find it in your wage and income transcript. I had a similar issue and found that even though my employer never sent me my W-2, the information was already in the IRS system. I just printed the transcript and used that information to file my taxes. Saved me a lot of hassle with trying to track down the employer or filling out substitute forms.

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Summer Green

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That's a great suggestion! I hadn't even thought of checking my IRS account. Do you know how quickly that information typically shows up there? My missing W-2 would be for 2024 taxes, so I'm wondering if it would even be in the system yet if the employer hasn't sent it to me.

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Khalid Howes

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For current year (2024) tax information, there can be a significant delay before it appears in your IRS account. Employers are required to submit W-2 data to the Social Security Administration by January 31st, but it can take until July or even later before that information makes it to the IRS systems and becomes visible in your online account. Since you're trying to file now rather than waiting several more months, the Form 4852 route with your pay stubs is probably your best option. The online account is more helpful for prior years or if you're willing to wait longer. But it's always worth checking just in case your information is already there!

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Ben Cooper

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Has anyone used both a real W2 and a Form 4852 substitute W2 on the same tax return before? My tax software (TurboTax) is getting confused when I try to enter both. It keeps saying I have duplicate income sources.

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Naila Gordon

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Yes, I had to do this last year! In TurboTax, you need to enter them as completely separate employers even if they're technically the same company. For the Form 4852 entry, add something to distinguish it in the employer name field - I added "(Form 4852)" after the employer name. This helped TurboTax treat them as separate income sources. Just make sure the EIN (Employer Identification Number) is exactly the same on both entries if they're from the same employer. The IRS computers match by EIN, so that needs to be accurate.

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Just to add another dimension to this Pillar 2 discussion - the impact varies dramatically by industry. Our manufacturing firm has substantial tangible assets in multiple jurisdictions, so we benefit significantly from the Substance-Based Income Exclusion (SBIE) that can reduce the effective impact of the top-up tax. Tech companies with mostly intangible assets and limited physical presence are going to be hit much harder proportionally. Their ability to use IP holding companies in low-tax jurisdictions will be severely curtailed. Also worth noting that Pillar 2 isn't just about the minimum tax - it's part of a broader OECD framework that includes Pillar 1, which reallocates taxing rights for the largest multinationals. The whole package represents the biggest change to international tax in decades.

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Aisha Rahman

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That's a great point about industry differences. Do you think this will lead to changes in how companies structure their operations? Like will we see tech companies suddenly investing in more physical assets in certain jurisdictions just to benefit from those exclusions?

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I definitely expect to see behavioral changes in how companies structure their operations. We're already seeing some of our tech industry clients evaluating whether to increase substantive operations in certain jurisdictions. This doesn't necessarily mean building factories, but could involve relocating actual R&D teams or other high-value functions to jurisdictions that still offer competitive advantages while meeting substance requirements. Singapore and Ireland, for instance, are promoting their educated workforces and business-friendly environments rather than just low tax rates. The key is having genuine economic activity that justifies the profit allocation, not just paper arrangements.

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Amara Nwosu

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Has anyone looked at how different countries are implementing the Undertaxed Profits Rule (UPR) vs. the Income Inclusion Rule (IIR)? From what i understand, the IIR applies to parent companies while the UPR is more of a backstop? Our group structure spans 8 countries and im trying to figure out which country's rules will take precedence.

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Ethan Wilson

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You're right about the basic framework. The Income Inclusion Rule (IIR) has priority and allows the parent entity's jurisdiction to collect the top-up tax. The Undertaxed Profits Rule (UPR) is a backstop that kicks in if the parent jurisdiction doesn't have an IIR in place. What makes this complex is the implementation timeline. The EU countries are generally moving forward with coordinated implementation, while the US implementation remains uncertain given the political challenges of passing tax legislation. This creates potential for inconsistent application and even double taxation in some scenarios. For your 8-country structure, you'll need to map out which jurisdictions are implementing which rules and when. The OECD has a hierarchy for which country's rules take precedence, but transitional issues are likely during the rollout phase.

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