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Ask the community...

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Ethan Davis

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Don't forget about your state tax return too! You'll need to file a similar substitute form for your state taxes in most cases. Each state has their own version of the federal substitute W-2 form. Just google "[your state] substitute W-2" to find it.

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Yuki Tanaka

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Good point about state taxes! I live in a state with no income tax so I totally forgot about this aspect.

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Carmen Ortiz

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Make sure you also report this guy to your state's labor department! Even though the business is closed, he might still face penalties for wage theft and improper payroll practices. Those agencies can sometimes go after personal assets if the violations were bad enough. Might get some justice for all of you who worked there.

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My employer pays me in cash and claims he pays my taxes - is this legal?

I've been working part-time at this small business for almost 10 years now. My boss always pays me in cash - $18 per hour - and tells me he's handling all my tax payments. I only work two 5-hour shifts weekly (10 hours total), and I don't get any benefits like sick time or holiday pay. I've never questioned this arrangement because he's always been flexible with my schedule, letting me take time off for family stuff and even work another job during summer. But looking at my hours for 2024, something seems off. With my schedule, I should work about 104 days per year. This year, I took off 22 days and 7 hours. When I calculated my actual hours worked, it came to 403 hours total. However, my W-2 shows I was paid for 450 hours, with a total income of $8100. My take-home pay for the year was only $6750. When I brought this up with my manager (who's the owner's son), he had to ask his father about it. The owner admitted he "took a guess" on my hours instead of tracking them accurately. When I called him directly, he said he couldn't change it now and asked what I wanted from him - I was so shocked I didn't know what to say! Part of me thinks I should be paid for those 47 phantom hours he reported but I never worked. Also, this inflated income affects my household tax situation since my spouse and I file jointly, and I have other jobs where everything is properly documented. Am I overreacting by being upset about this? What should I be asking for? Has anyone dealt with something similar? Any advice would be appreciated!

Nora Brooks

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Your boss is committing tax fraud, plain and simple. I worked as a bookkeeper for years and this is a classic case of an employer trying to manipulate payroll taxes. Here's what's likely happening: 1. He's probably not paying the full employer portion of your FICA taxes 2. By inflating your hours, he's making it look like he's paying you more, which could help him with business expense deductions 3. The lack of pay stubs is a huge red flag - it's his way of hiding the actual numbers Document everything now. Write down all the days you worked, hours, and cash payments received. Save any text messages or emails about your schedule or pay. Request your wage and income transcripts from the IRS for the past three years. This isn't just about the 47 hours - this could have been happening your entire employment. You might have been getting shortchanged for years.

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Daniel Price

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Thanks for the detailed explanation. This is getting me really worried now. If he's been doing this for the full 9 years I've worked there, could I be in trouble with the IRS too? I've always just reported what was on my W-2.

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Nora Brooks

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You shouldn't face penalties if you've been reporting the income shown on your W-2s. The IRS generally recognizes that employees rely on these documents for their tax filing. The primary responsibility for accurate payroll reporting falls on the employer. However, now that you're aware of the issue, you should work with a tax professional to determine if amendments are needed for recent tax years. Most tax pros recommend focusing on the last three years, as that's typically how far back the IRS looks unless fraud is suspected. The good news is that if your reported income was higher than your actual income, you might be entitled to tax refunds for overpayment once the record is corrected.

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Eli Wang

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Another red flag - the $18/hr you mentioned means 450 hours should be $8,100 gross, not $6,753. Even with taxes taken out, something doesn't add up. Either your hourly rate isn't what you think it is, or there's even more funny business happening with your pay. If I were you, I'd start looking for another job ASAP while gathering evidence. This employer has been taking advantage of you for YEARS. Small business or not, family-owned or not, this is unacceptable and illegal.

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Daniel Price

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Wow, I didn't even catch that math error. You're right - the numbers are even more off than I realized. I thought I was just missing out on pay for those phantom 47 hours, but it sounds like there might be issues with my actual hourly rate calculation too.

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Eli Wang

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Exactly. Based on the numbers you provided, if your gross pay on your W-2 is $6,753 for 450 hours, that's only about $15/hour - not the $18 you mentioned. And if your take-home is $5,642, that's about 16.5% being withheld, which seems low for combined federal, state, and FICA taxes. I suspect your boss might be pocketing some of what should be your wages while also potentially underpaying the employer portion of taxes. This is unfortunately common in cash-heavy small businesses. Document everything moving forward - dates, times, amounts paid - and consider reporting this to your state's department of labor and the IRS whistleblower program.

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I just wanna point out that if your employer is failing to provide your W-2, you should report them to the IRS using Form 4852. There's literally a box on the form where you indicate whether you've attempted to obtain your W-2 from your employer. Employers are required BY LAW to provide W-2s by January 31st, and they can face penalties for not doing so. Some crappy employers try to avoid sending W-2s to avoid payroll taxes. Dunno if that's happening in your case but thought you should know.

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This is really important info. My brother had an employer who "conveniently" never sent W-2s to employees who left mid-year. Turned out they weren't reporting all wages to avoid taxes. When several former employees filed using Form 4852, it triggered an IRS investigation.

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Julia Hall

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Pro tip from someone who's been doing taxes for years - when you file with Form 4852, KEEP A COPY of everything. If your employer eventually sends a W-2 that doesn't match your estimates (even if it arrives after you've filed), you'll need to file an amended return with Form 1040X. If the differences are small, you might not need to amend, but if there's a significant difference in income or withholding, the IRS will eventually notice the discrepancy when they match documents.

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Arjun Patel

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I second this advice! I had to file with a 4852 last year and then got my W-2 three weeks later with slightly different numbers. I called the IRS and they said small differences weren't worth filing an amendment for, but never told me what "small" meant. Anyone know what the threshold is for needing to file an amendment?

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Julia Hall

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There's no official threshold published by the IRS for when to file an amendment, but generally, tax professionals suggest amending if the difference affects your tax liability by more than $100 or changes any tax credits you claimed. The most important thing is whether the difference increases your tax liability - if you would owe more tax with the correct W-2 information, you should definitely file an amendment to avoid penalties and interest. If the difference would result in a larger refund for you, it's still worth amending to get that money back.

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Has anyone used TurboTax for reporting their crypto? I've got a similar situation with multiple buy/sell cycles on Coinbase and wondering if their crypto section is any good.

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I used TurboTax last year for my crypto and it was ok for basic stuff, but got REALLY confusing with multiple platforms. Had to manually enter a ton of transactions. If you have more than like 10-15 trades, I'd recommend a specialized crypto tax software instead.

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Thanks for sharing your experience! That's really helpful to know. I probably have about 25-30 transactions so I think I'll look into one of the specialized options mentioned in this thread instead of struggling with manual entry.

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StarStrider

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Friendly reminder that the IRS is cracking down on crypto reporting this year. They've added specific crypto questions on the 1040 form that you have to answer under penalty of perjury. Don't try to hide anything - they're getting better at tracking blockchain transactions!

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Thanks for the heads up. I definitely want to report everything correctly. Better to pay what I owe than deal with an audit. Seems like I need to get organized with all my transactions before filing.

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StarStrider

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No problem! And yeah, being organized is key. Since you used Cash App, you should be able to download your full transaction history as a CSV file. Save this along with any tax forms they provide. If they don't give you detailed enough info, you can always request your account history directly. Remember that crypto exchanges are increasingly reporting to the IRS directly, so your transactions are likely already on their radar. Being proactive and thorough in your reporting is definitely the way to go.

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Nia Harris

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I think the comments here are right but just want to add one thing - make sure your parents send the money directly to you and not through multiple smaller transfers trying to avoid reporting. Banks file reports for transactions over $10k and suspicious patterns of smaller transfers designed to avoid that limit (called "structuring") can actually get you in MORE trouble than just properly reporting a large gift. Better to do one transfer and file the proper Form 3520.

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Chloe Davis

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Thanks for pointing this out! My parents were actually suggesting sending it in smaller chunks over a few months because they thought it would be "easier." I'll make sure to tell them to just do one direct transfer instead. Do you happen to know if they need to fill out any special forms in Vietnam to send such a large amount overseas?

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Nia Harris

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Definitely tell your parents not to split it up! You're right that it could look like structuring, which can trigger all kinds of unwanted scrutiny from both banks and the government. Regarding Vietnam specifically, your parents will likely need to complete forms at their Vietnamese bank explaining the purpose of the transfer and possibly showing documentation of the source of funds. Vietnam has currency control regulations, and for amounts over about $5,000 USD, there are usually additional verification steps. The exact requirements vary by bank, but generally they'll need to provide your information, their relationship to you, and sometimes proof of how they acquired the money (especially for large amounts like $100k). Their bank in Vietnam will guide them through their specific requirements.

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One other thing to consider - depending on what state you live in, you might want to check if there are any state-level reporting requirements for large gifts. Most states don't have gift taxes, but a few still do. Also, keep good records of this transaction for your green card process. While legitimate gifts from parents won't negatively impact your application, having clear documentation of the source of funds is always helpful when your finances are reviewed during immigration processes.

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Aisha Ali

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Which states still have gift taxes? I thought that was just a federal thing. I'm in Minnesota if that matters.

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