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Ask the community...

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NightOwl42

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One thing nobody mentioned yet - if you're considering an Offer in Compromise through the Fresh Start Program, be prepared for a VERY thorough financial investigation. They want bank statements, pay stubs, bills, asset values - basically your entire financial life laid bare. I went through this last year and while it was worth it (settled $32k in taxes for about $8k), it was also stressful and invasive. Just be prepared for that level of scrutiny if you go that route.

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Did you use a tax professional to help with your Offer in Compromise or did you handle it yourself? I'm wondering if it's something I can navigate on my own or if I should budget for professional help.

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NightOwl42

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I started the process myself but ended up hiring a tax resolution specialist about halfway through. The forms themselves aren't super complicated, but determining the right offer amount is tricky. The IRS rejected my first submission because I miscalculated my "reasonable collection potential." The professional helped me resubmit with the correct calculations and stronger documentation of my hardships. It cost me about $1,500 for their help, which felt worth it since they got my offer accepted. If your situation is straightforward you might be able to do it yourself, but having someone who knows what the IRS is looking for definitely improved my chances.

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Don't forget that the Fresh Start Program also increased the tax lien threshold! The IRS won't file a Notice of Federal Tax Lien unless you owe more than $10,000 now (used to be much lower). That might help with your goal of buying a house eventually since tax liens can really mess with your ability to get financing.

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Is that automatic or do you have to apply for that specific benefit? My tax debt is around $14k so I'm worried about liens affecting my credit.

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PaulineW

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If the W-2 was for 2024 taxes and you just filed recently, definitely amend. But one thing no one mentioned - check if taxes were withheld from that job! If they were, you might actually get a slightly bigger refund after amending. Worth checking the W-2 before assuming you'll owe more.

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Micah Trail

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Good point! I just found the W-2 and they did withhold about $95 in federal taxes. Does that mean I might not owe anything additional or could potentially get more back?

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PaulineW

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That withholding will definitely help offset what you might owe! The $95 they already withheld gets credited against any tax due on that income. Depending on your tax bracket, you might end up owing very little or possibly even getting a small additional refund. It's still important to file the amendment to get your records straight with the IRS, but this makes it less likely you'll face a big tax bill. When you file your 1040-X, make sure to include that withholding amount so you get credit for those taxes already paid.

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I'm curious about the timeline here...when did you file your original return and how long do you typically have to amend? My tax guy always says "don't worry about small stuff" but reading these comments has me wondering if that's good advice.

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Chris Elmeda

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Generally you have 3 years from the original filing deadline to amend a return. So for 2024 taxes that were due in April 2025, you'd have until April 2028. But I wouldn't wait that long - the IRS computers usually catch missing W-2s within 6-18 months and they'll send you a notice with penalties and interest by then.

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Melody Miles

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Just want to point out something important here - the "square footage" method is crucial if you go the home office route. Since you're using a substantial portion of your home (half of 9,000 sq ft!), you'd calculate the percentage of your home used for business and apply that to your home expenses. For example, if exactly half is used exclusively for the cat boarding business, you'd deduct 50% of your mortgage interest, property taxes, utilities, insurance, repairs, etc. For direct business expenses (like the cat condos or special flooring), those are 100% deductible regardless. Be super careful about claiming exclusive business use though. The space must be used ONLY for business. If you occasionally use the "cat area" for personal purposes, you could lose the entire deduction in an audit.

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That exclusive use requirement is so tricky! I have a home daycare and the IRS has different rules specifically for daycare providers. We can claim spaces that have mixed use (like kitchen, bathroom) based on time used for business. I wonder if there's any similar exception for pet boarding? Might be worth looking into.

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Eva St. Cyr

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Here's something nobody's mentioned yet: if your LLC has been deducting rent payments to you, but those should have been treated as income subject to self-employment tax, you might have a tax liability for the difference plus penalties. Before you make any changes, you should calculate what the potential back taxes might be. Depending on how many years this has been going on and the amounts involved, it could be significant. Sometimes it's worth getting a third opinion from a tax professional who specializes in small business issues before making any drastic changes or amendments.

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That's a really good point. Do you think I need to file amended returns for previous years? Or could I just start doing it correctly going forward? I'm a bit worried about opening a can of worms if I start amending returns.

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Eva St. Cyr

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Generally, if you discover an error on past returns, you should file amended returns. However, there's a 3-year statute of limitations on most tax issues, so you'd typically only need to amend returns from the past 3 years. That said, this isn't necessarily a black-and-white error. There are legitimate situations where rental arrangements between yourself and your business can be appropriate, especially if you have the right business structure. Before amending anything, I'd recommend getting that third opinion from someone who can look at your specific situation. If you do need to amend, a tax professional can help you present the changes in the most favorable light, possibly reducing or eliminating penalties. Sometimes when you self-disclose and correct issues, the IRS is more lenient than if they discover the issue during an audit.

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W2 Employee misclassified as 1099 contractor since 2021 - help recovering taxes paid to IRS through incorrect filing

I've been learning about the differences between W2 employees and 1099 independent contractors, and I think I've been filing incorrectly for years. I work for a small residential repair company that contracts with home warranty companies. My boss never gives me W2 forms or discusses taxes - he just calls it "piece work" and says I won't pay much in taxes and can deduct things like uniforms. But after doing research, I believe I'm actually a W2 employee because: - I drive a company vehicle (not my own) - The company pays for my gas with a company card - They purchase the supplies/parts for repairs - I have my own tools, but that's it - The boss determines my schedule and assignments He pays me through Zelle/Venmo directly to my bank account. Sometimes I collect service fees in cash (like $80) that I keep and log in my records. I've been filing taxes as a 1099 contractor using TurboTax and owing around $6500 each year. Now I have about $24,000 in tax debt to the IRS including penalties. I've set up a payment agreement but the late fees and interest keep building. I'm worried I've been doing this all wrong. Would my taxes be significantly lower if I had filed as a W2 employee? The company would have been responsible for paying half of the FICA taxes! For example, if a repair job is approved for $13,000 (about 50/50 in parts and labor) and the home warranty covers $3,300, my boss receives that amount and I might get paid $85 for the work. If a claim is denied, I still get paid for my time worked. The amount varies based on the complexity - I can make anywhere from $40 for a quick job to $500 in a day doing major repairs. Where do I start fixing this mess? I need to make a living but also need professional tax help before looking for a new job. Any guidance would be greatly appreciated!

Just FYI - when you file Form SS-8, be prepared to wait several months for a determination. Mine took almost 9 months. In the meantime, you should still file your current taxes, but you can file Form 8919 with your return to pay only your portion of FICA taxes. On line 9 of Form 8919, use reason code G which indicates you filed an SS-8 but haven't received a determination yet. This protects you from penalties while you're waiting for the official decision.

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Omar Farouk

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Does filing Form 8919 with reason code G mean you don't have to pay the self-employment taxes while waiting for the SS-8 determination? Or do you still need to pay them and then get a refund later if the determination is in your favor?

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When you file Form 8919 with reason code G, you only pay the employee portion of FICA taxes (7.65%) instead of the self-employment tax rate (15.3%). You're essentially reporting the income as wages rather than self-employment income while your SS-8 is pending. If the IRS eventually determines you're actually an independent contractor, you might need to pay the difference later. But if they rule you're an employee (which sounds likely in your case), you won't have overpaid. It protects you from both penalties and overpayment while waiting.

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CosmicCadet

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Don't forget about state taxes too! If you've been misclassified at the federal level, you're likely misclassified for state taxes as well. Most states have their own processes for worker classification issues, and you might be entitled to additional refunds from state taxes. In my case, after getting the federal determination, I was able to recover an additional $2,100 from my state tax overpayments. Check your state's department of labor website for the proper forms - many states take misclassification very seriously because they lose unemployment insurance and workers' comp premiums.

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Chloe Harris

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And unemployment benefits! If you're properly classified as an employee, you could qualify for unemployment if you lose your job. Independent contractors can't get regular unemployment. This literally saved me when I got laid off last year after fixing my classification status.

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CosmicCadet

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Absolutely right about unemployment benefits! Also, proper classification means you're covered by workers' compensation if you get injured on the job. As a contractor, you'd be on your own for medical costs from workplace injuries. The other significant benefit is overtime pay protection. If you're working over 40 hours in a week as an employee, you're entitled to overtime pay in most cases. Independent contractors don't have this protection, which is why some employers try to misclassify workers.

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Maya Lewis

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Has anyone successfully gotten the IRS to apply overpayments from one year to pay off balances from another year? I overpaid my 2023 taxes by mistake (about $3200) but owe almost exactly that amount for 2022. Seems ridiculous to get a refund just to turn around and make a payment.

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Isaac Wright

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Yes! I did this last year. When you file your return, there's an option to apply your refund to next year's estimated taxes, but for past balances you need to call them. Once you have your return processed and the overpayment confirmed, call and ask them to apply it to your outstanding balance instead of issuing a refund.

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Lucy Taylor

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My biggest IRS win was disputing a CP2000 notice that claimed I had unreported income of $22,000! Turns out my employer had filed a corrected W-2C but the IRS system was counting both the original and corrected forms as separate income. I responded with copies of both W-2 forms, highlighted the correction code, and included a letter explaining the situation. It took about 6 weeks, but I got a notice saying the case was closed with no additional tax due. Would have been $5,500 in extra taxes if I hadn't caught it!

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That's impressive! I had a similar issue with a 1099-K that was issued in error by a payment processor. They reported the gross amount of money that passed through my account (including refunds and personal transfers) as income. Took three letters and almost 5 months, but finally got it resolved. The CP2000 notice is scary when you first get it, but it's just a proposal and definitely worth contesting if there's an error!

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