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Ask the community...

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Santiago Diaz

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I've been a freelancer for years, and this is unfortunately becoming more common. Some clients think they can avoid their tax obligations by not providing their EIN/SSN, but they're just creating problems for you and themselves. One thing I didn't see mentioned yet - if you have ANY company information (business name, address, etc.), you can also file Form SS-8 with the IRS requesting a determination of worker status. This sometimes helps smoke out the proper information, as the IRS will contact them directly to determine if you were a contractor or employee. Added bonus: if they determine you should have been classified as an employee, you might save on self-employment taxes.

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Millie Long

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Isn't filing an SS-8 form basically declaring war on a client though? I've heard horror stories about businesses getting hit with huge penalties after these forms are filed. Seems like a nuclear option if you ever want to work in the industry again.

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Santiago Diaz

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You're right that filing an SS-8 is definitely escalating the situation, and it should be a last resort after you've tried everything else. It's not something I recommend if you're concerned about maintaining relationships in your industry. However, I don't think it's fair to characterize it as "declaring war" - it's simply using the proper channels when someone is refusing to fulfill their legal obligations. The penalties only come into play if they were incorrectly classifying workers, which is a legitimate issue. But yes, there could be relationship consequences, so weigh that against the tax implications for yourself.

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KaiEsmeralda

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Just curious - did your client pay you more than $600? Because if it was less than that, they actually aren't required to provide a 1099, and you would just report it as miscellaneous income without needing their EIN/SSN.

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Nora Brooks

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Yeah, it was definitely above the threshold - around $5,800 total for the work. They actually did provide the 1099 form itself (which means they know they were required to), they just blacked out their own identification number on it, which is super weird.

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Debra Bai

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Even if it's under $600, you still need to report the income. The $600 threshold is just for when the payer is required to send a 1099. You always have to report all income regardless of the amount.

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ApolloJackson

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Don't forget to look into the Dependent Care Credit too! If your mom qualifies as your dependent for medical purposes AND is physically or mentally incapable of self-care, you might qualify for this credit which is separate from the medical expense deduction. You can claim up to $4,000 in expenses for one qualifying dependent. The credit is based on a percentage of your expenses (between 20-35% depending on your income), so it could be substantial. Look at Form 2441 and IRS Publication 503 for details. This might be better than the medical expense deduction if your AGI is high.

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James Johnson

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Thanks for mentioning this! I had no idea there was a separate credit. Does this replace the medical expense deduction or can I potentially use both? Also, does it matter that I'm not physically taking care of her myself (since she's in a facility)?

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ApolloJackson

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You cannot double-dip by claiming the same expenses for both the Dependent Care Credit and as medical expense deductions. You'll need to choose which is more beneficial based on your overall tax situation. Generally, credits are more valuable than deductions, but it depends on your specific numbers. The good news is that you don't need to physically care for her yourself to claim the Dependent Care Credit. Expenses paid to a care facility qualify as long as part of the expense is for the care of your mom. However, if the facility provides medical care, you need to separate out the cost of care from the medical expense portion if you want to use both benefits for different expenses.

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Something important that hasn't been mentioned yet - make sure all your payments for her care go directly to the providers! If you give money to your mom and then she pays the facility or doctors, the IRS might consider that a gift rather than you paying medical expenses. I learned this the hard way when trying to claim my father's expenses.

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Rajiv Kumar

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Is there any way to fix this if you've already been giving the money to the parent? My sister and I deposit money in our dad's account and he pays his care facility.

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Dmitry Popov

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Don't forget that the specific crypto tax rules might change with each new tax year or IRS guidance update. I've been investing since 2017 and the reporting requirements have evolved constantly. One approach that helped me was using the specific identification method for calculating cost basis rather than FIFO. This lets you choose which "lots" of crypto you're selling, so you can optimize for long-term vs short-term capital gains. Just make sure you have detailed enough records to support this if you're ever audited.

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Ava Rodriguez

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Does specific identification actually save you money compared to FIFO? And how exactly do you indicate which specific coins you're selling when you execute a transaction? It's not like stocks where you can pick specific shares.

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Dmitry Popov

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Specific identification can potentially save significant money compared to FIFO, especially if you've bought the same cryptocurrency at very different price points over time. It allows you to strategically "sell" the lots with the highest cost basis first, minimizing your reported gain. You don't need to specify which coins you're selling at the time of the transaction. What matters is your accounting method and documentation. You need to maintain clear records showing the date and time each unit was acquired, your cost basis, the date and time of sale, and the proceeds. This becomes your evidence for using specific identification. Most specialized crypto tax software can help maintain these records and will let you choose which method to apply when generating your tax forms.

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Miguel Ortiz

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Has anyone successfully done like-kind exchanges for crypto before 2018? I have some Bitcoin I acquired in 2017 that I traded for Ethereum back then, and I've been treating it as if the cost basis carried over. But now I'm not sure if that was correct.

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CosmicCadet

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The IRS clarified in 2019 that like-kind exchanges (Section 1031) were never applicable to cryptocurrency trades, even before the 2018 tax law change that explicitly limited 1031 exchanges to real estate. Unfortunately, those 2017 crypto-to-crypto trades were taxable events. If you haven't been reporting them correctly, you might want to consider filing amended returns for those years. The statute of limitations is typically 3 years, but it can be extended in certain cases, especially if the IRS considers it substantial underreporting.

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Levi Parker

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One thing nobody's mentioned yet is the 330-day rule that's pretty critical in these cases. Canada doesn't just look at your ties but also at physical presence. If you're physically present in Canada for 183 days or more in the tax year, you're deemed a resident for tax purposes regardless of your ties. Since you moved in October and came back in December for your wedding, count those days carefully. Did you stay in Canada after the wedding for any length of time? Did you make any other trips back to Canada during that period? All those days count toward your physical presence test.

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That's helpful, thanks! I moved October 10th and was in the US until December 18th when we returned for the wedding. We stayed in Canada until January 2nd, so that's about 27 days total in Canada for 2024. Sounds like I should be well under the 183-day threshold. Do pre-move days count toward this calculation too? Like, I was obviously in Canada from January-October before moving.

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Levi Parker

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Yes, all days physically in Canada during the calendar year count toward the 183-day threshold, including January-October before your move. So you'd have roughly 9 months plus 27 days, which would put you over the 183-day threshold for 2024. However, this doesn't automatically make you a resident for the whole year. The CRA can recognize a change in residency status during the year. For people leaving Canada, they often consider you a part-year resident up to your departure date if you've legitimately established non-residency after that point. This is why your accountants are focusing on your ties after October, because they're trying to determine if you successfully established non-residency upon your departure.

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Libby Hassan

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Has anyone mentioned form NR73 yet? It's the CRA's determination of residency status form that you can submit to get an official ruling. I filled it out when I moved to Hong Kong for work while my husband temporarily stayed in Canada. The form asks detailed questions about all your residential ties - primary (spouse, home, dependents) and secondary (bank accounts, driver's license, health insurance, etc). The CRA reviews it and gives you a determination that you can rely on.

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I'd be careful with NR73. It can be helpful but it's also known to trigger extra scrutiny. My cross-border tax specialist advised against filing it unless absolutely necessary because it essentially puts you on CRA's radar and can lead to additional questions and reviews. Sometimes it's better to take a reasonable position based on your facts and circumstances and be prepared to defend it if questioned, rather than proactively asking for a determination.

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Zainab Omar

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Something people aren't mentioning - when you file your 1040X for the 1099-NEC, make sure you look into what business expenses you can deduct! I had a similar situation last year and was able to offset a lot of that income with legitimate business expenses like my laptop, software subscriptions, home office, and even some travel related to that work.

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Did you need to submit receipts for all those expenses with your amended return? I'm trying to figure out what documentation I need to gather.

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Zainab Omar

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You don't submit receipts with your amended return, but you absolutely need to keep them in case you get audited. The IRS can ask for documentation up to 3 years after filing (longer in some cases). Just make sure you have a reasonable basis for any expense you claim. Things like a portion of your internet bill, cell phone, home office (if you have a dedicated space), software, and equipment are usually fine as long as they were genuinely used for your freelance work. I keep a spreadsheet with all business expenses and digital copies of receipts organized by tax year.

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Don't forget you'll probably owe state taxes too! I made that mistake when I amended for a missing 1099 - fixed my federal return but completely forgot about state taxes until I got a notice months later.

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Yara Sayegh

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This is such a good point! I almost made the same mistake. It's sometimes easy to forget that most states tax income too.

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