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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Andre Laurent

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Don't panic - this happens all the time. The IRS has a program called the Voluntary Classification Settlement Program (VCSP) that might help you. It lets employers who've been treating workers as independent contractors reclassify them as employees with reduced penalties. You'll definitely need to file Schedule H, but also look into Form SS-8 (Determination of Worker Status) and Form 8919 (Uncollected Social Security and Medicare Tax on Wages). Your babysitter did the right thing by reporting the income correctly. The good news is that since she reported it, you're less likely to face an audit specifically for this issue.

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StarStrider

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Thanks for mentioning the VCSP program. I'll definitely look into that along with Schedule H. Would you recommend I also file the SS-8 form, or is that something my babysitter would need to do? And do I need to worry about state taxes too, or just federal?

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Andre Laurent

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The SS-8 form is typically filed when there's a dispute about worker classification. Since you both agree she's a household employee, you probably don't need to file it. It's more important to focus on the Schedule H and getting caught up on the employment taxes. Yes, you absolutely need to look into state taxes as well. Most states have their own version of unemployment taxes for household employers, and the thresholds can be different from federal requirements. Check with your state's employment department as soon as possible, as they may have separate filing requirements and potential penalties.

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Emily Jackson

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Just went through this whole mess last year. One tip - if you file Schedule H late, be sure to include an explanation letter with your filing. Explain that you weren't aware of the household employee requirements and that you're voluntarily coming into compliance now that you understand your obligations. Also, keep in mind that you might be able to claim the Child and Dependent Care Credit for the payments to your babysitter (Form 2441), which could offset some of the additional taxes you'll owe. But you'll need to get your babysitter's SSN and make sure everything is properly documented.

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Liam Mendez

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Would the Child and Dependent Care Credit still apply if the babysitter was watching my sister's kids at my house? I paid her but they weren't my dependents.

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Emily Jackson

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No, the Child and Dependent Care Credit only applies if you're paying for care for your own qualifying dependents (your children under 13 or disabled dependents/spouse). If you were paying for childcare for your sister's children and they aren't your dependents, you can't claim the credit. Your sister might be able to claim it though, if she can document that she reimbursed you for the childcare expenses and meets the other requirements for the credit.

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Has anyone had experience with how this works if there's a trust involved? My accountant suggested putting our VOO and other index funds into a revocable living trust instead of relying on beneficiary designations or estates. Supposedly this gives more control?

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Noah Irving

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My parents went the trust route and it was incredibly smooth when my dad passed. The shares transferred to my mom without liquidation or going through probate. The main advantage seemed to be that the trust provided clear instructions about everything, not just the investments. They did have to retitle all their accounts into the name of the trust though, which took some paperwork.

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Thanks for sharing. Did your parents need to file separate tax returns for the trust while they were both alive? That's one thing I'm confused about - whether having a trust creates additional tax filing requirements or complications during my lifetime.

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Vanessa Chang

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Just a quick thought - I learned from my own expensive mistake that you should verify your brokerage's policies regularly. My mom had VTSAX shares at Vanguard with my sister as beneficiary, but when Vanguard transitioned some account management to another firm, their beneficiary policies changed. We didn't realize until after she passed, and it created a huge headache. Whatever you decide, get the current policy in writing and review it annually to make sure nothing has changed. Policies differ between brokerages and can change over time.

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Kiara Greene

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One thing to keep in mind - when you apply for ITINs with your tax return, your refund will be held until the ITINs are processed. Last year this took almost 4 months for my brother's kids! If you need your refund quickly, you might want to consider applying for the ITINs separately before filing your tax return.

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Thanks for mentioning this! I hadn't considered the refund delay. Do you know if there's any way to apply for the ITINs now, before tax season starts, so everything's ready when I file?

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Kiara Greene

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Yes, you can absolutely apply for ITINs before tax season! You'll need to submit the W-7 forms along with your federal tax return, but you can do this outside of tax season. You'll include a note explaining that you're applying for ITINs for the purpose of filing tax returns in the future. The advantage is that once the ITINs are assigned, you'll be able to file your 2025 tax return normally without delays in processing or receiving your refund. Given that ITIN processing is typically slower during peak tax season, applying now could save you significant waiting time.

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Evelyn Kelly

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Whatever you do, DONT mail original documents to the IRS if you can avoid it!!! My cousin did this for her kid's ITIN application last year, and it took 8 months to get her daughter's birth certificate back. Use a certified acceptance agent who can verify the documents on the spot so you keep your originals.

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Paloma Clark

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Is there a directory or something where you can find certified acceptance agents in your area? I'm in a small town and not sure if we even have any nearby.

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Amaya Watson

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I used to work for a federal agency that issued cooperative agreements and JVAs. What's probably happening is that the agency is classifying your payment as a "cooperative agreement payment" rather than "contractor compensation" in their system. Federal accounting is weird like that. But here's the important part - this is THEIR classification for THEIR accounting purposes. For YOU, it's still income you received for services rendered, which means it's reportable on your Schedule C. Don't let their internal accounting categories affect how you report your income.

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Jessica Nolan

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Thank you so much for this insider perspective! That makes a lot of sense. I've been keeping all my bank statements, invoices, and copies of the joint venture agreement, so I should have good documentation. I'll go ahead and report it all on my Schedule C as normal self-employment income. Do you think I should also include a note or explanation somewhere on my tax return about why there's no matching 1099-NEC for this income?

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Amaya Watson

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You're welcome! Glad I could provide some clarity from the federal side. I wouldn't add a separate explanation to your tax return - there's no good place for that kind of note anyway. However, when you complete Schedule C, there is a question that asks if you received all required Forms 1099. You can answer "No" to that question, which is sufficient. Just make sure you keep all your documentation organized in case of questions later.

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Grant Vikers

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Has anyone else noticed that when working with federal agencies, they often have totally different terminology and procedures than private sector clients? I did a project with USDA last year and they kept referring to my payments as "cost share reimbursements" even though I was clearly a contractor. Tax time was a nightmare!

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OMG yes! I worked with the EPA on a water quality project and they called me a "cooperating technical advisor" instead of a contractor. But when I asked about taxes they just said "consult your tax professional" which wasn't helpful at all. Government speak is like a whole different language sometimes.

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Paolo Marino

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A tip from someone who's been in your situation: make sure you're also checking if you need to file Form 8938 (Statement of Specified Foreign Financial Assets) if the value of your foreign properties exceeds certain thresholds. I got hit with a nasty penalty for missing this even though I reported all my income correctly. The thresholds depend on whether you're filing single or married, and whether you live in the US or abroad. For someone on a work visa living in the US filing single, the threshold is $50,000 on the last day of the tax year or $75,000 at any time during the year.

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Ava Thompson

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Thanks for bringing this up! I hadn't even considered Form 8938. Do foreign properties always count as "specified foreign financial assets" or does it depend on how they're used?

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Paolo Marino

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Foreign real estate directly owned by you generally isn't considered a specified foreign financial asset for Form 8938 purposes. However, if your property is held through a foreign entity like a corporation or partnership, then the interest in that entity would need to be reported. That said, you absolutely need to report the income from the property (rental income, farming profits, or capital gains from selling) on your tax return regardless. And if you have foreign bank accounts where you're depositing the income from these properties, those accounts may need to be reported on both Form 8938 and the FBAR if they meet the thresholds.

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Amina Bah

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Don't forget that timing matters for establishing tax residence too! Your tax obligations depend on whether you pass the Substantial Presence Test for the tax year. If you're in the US on a work visa and have been here for most of the year, you'd typically be considered a US tax resident and need to report worldwide income. But if you just arrived on your work visa this year, you might be a dual-status alien or a nonresident for part of the year, which could affect how your foreign property sale is taxed.

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Oliver Becker

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This is an important point. I messed up my first year in the US because I didn't understand the dual-status alien filing requirements. Had to do an amended return and it was a nightmare. The year you move to or from the US has special tax considerations.

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