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Something nobody's mentioned yet - you might want to file Form SS-8 with the IRS to determine if you were actually an employee or independent contractor. If the IRS determines you were an employee, your employer would be responsible for their portion of your employment taxes. Worth considering if you end up owing a lot in self-employment taxes.
Would filing the SS-8 potentially cause problems for me though? I'm worried about triggering an audit or something if I start filing additional forms. Also, how long does that determination process usually take? I need to file my taxes pretty soon.
Filing SS-8 won't trigger an audit of you - if anything, it might lead to your former employer being examined. The determination process can take 6+ months, but you don't need to wait for the determination before filing your taxes. You can file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with your return if you believe you were misclassified. This lets you pay only the employee portion of Social Security and Medicare taxes rather than the full self-employment tax amount. Just indicate on the form that you've filed SS-8 and are awaiting determination.
I always keep a record of my hours and pay when working jobs like this exactly because of situations like yours. Even a simple notes app on your phone can save you so much hassle later. Hope you get this sorted out!
Another important thing to consider - your dad might be confusing the rules about child support and tax benefits. Paying child support doesn't automatically give him the right to claim the children as dependents. These are two completely separate things under tax law. Child support is a legal obligation that has nothing to do with who gets to claim the tax benefits. The IRS is concerned with who provides housing and care for the children (the custodial parent), not just who provides financial support. Your mom should definitely consider filing taxes even with just SSI income. The Child Tax Credit could be worth thousands to her, which would directly benefit your siblings.
Is this still true with the changes to the child tax credit? I thought they made some modifications recently and wasn't sure if non-working parents still qualify the same way.
Yes, this is still true even with recent changes. For 2023 tax filing (which happens in 2024), the Child Tax Credit is $2,000 per qualifying child under 17. The credit is partially refundable even for non-working parents - up to $1,500 per child can be received as a refund through the Additional Child Tax Credit. Even with just SSI income and no other earnings, the mother in this situation would likely qualify for the refundable portion if she's the custodial parent. There were temporary expansions to the credit during COVID that have expired, but the basic structure allowing non-working custodial parents to benefit still exists.
One thing no one has mentioned - if your dad claims the kids improperly, your mom can still file a paper return claiming them. Yes, it will trigger an IRS review, but that might be the easiest way to address this if your dad refuses to cooperate. When both parents claim the same dependents, the IRS will investigate and apply their tiebreaker rules. Since the kids live with your mom full-time, she'll win that determination. Your dad would then have to pay back any tax benefits he received plus possible penalties. It's not ideal and would delay any refund, but sometimes that's the only option when the non-custodial parent won't follow the rules.
Anyone have experience reporting fractional shares from these investment apps? I've been doing small weekly purchases of VOO and VTI on Robinhood for the past year and now I have hundreds of tiny lots. TurboTax is forcing me to enter each transaction separately and it's taking forever.
Oh my god, thank you! I had no idea that option existed. I was literally about to enter 156 separate transactions manually. When you say "same characteristics" - does that mean I can group all my long-term VOO purchases together, and then do a separate group for VTI, etc? Or do they need to all be the same stock to use this method?
Yep, exactly! You can group by security type - so one group for all your VOO long-term transactions, another for VOO short-term, another for VTI long-term, etc. Just make sure within each grouping they all have the same tax characteristics (same term length and whether basis was reported to IRS). The summary method is actually what most professional tax preparers use for clients with lots of trades. The IRS doesn't need to see every individual $10 fractional share purchase!
Has anyone figured out the best way to handle crypto staking rewards for taxes? I've been staking ETH and getting daily tiny rewards, literally thousands of transactions worth a few cents each. Do I seriously need to report every single one of these??
Thanks for this! I was literally losing my mind thinking about manually entering thousands of $0.03 transactions. Monthly aggregation sounds way more reasonable. Do you know if the monthly totals need to be reported as "Other Income" or as interest income? I've seen conflicting advice online.
The IRS hasn't given super clear guidance on staking specifically, but most tax professionals treat it as "Other Income" on Schedule 1, not interest income. Interest income is generally for fixed returns from lending, while staking is more like mining rewards (which the IRS has clearly stated is Other Income). Just make sure you're also tracking these rewards as your cost basis for when you eventually sell those tokens! That's where a lot of people mess up and end up paying double tax.
You might want to look into the "Tax Benefit Rule" which sometimes allows you to take a deduction in a current year for something that happened in a prior year. It's not exactly what you're asking about, but in some cases it might help. Also, did you ever file an amendment for that 5-year-old return? Even if you're outside the 3-year window for getting a refund, having documentation that you attempted to correct it could help with penalty abatement on the current issue. The IRS sometimes considers your overall compliance history when deciding on penalties.
I never filed an amendment because I didn't realize the mistake until recently when I was going through old tax documents. Would it be worth filing one now even though it's past the 3-year window just to have it on record? Would the Tax Benefit Rule apply to capital gains from a home sale? I'm not super tax-savvy and trying to figure out if I should hire someone to help me fight this.
Filing an amendment now even though it's beyond the refund window could potentially help establish your good faith efforts to comply with tax law. While you won't get the refund, having it documented could support your case if you request penalty abatement for the current issue. The Tax Benefit Rule typically wouldn't apply directly to capital gains from a home sale in your situation. It's more relevant when you take a deduction in one year and then recover that expense in a later year. For your specific case, I'd recommend consulting with a tax professional who specializes in IRS disputes since there might be other strategies available based on your full tax history.
Has anyone successfully used an Offer in Compromise in this kind of situation? If the IRS is going back 7 years, that original amount plus penalties and interest could be pretty substantial now.
I used OIC last year for a similar situation and got my tax debt reduced by about 70%. But you have to qualify based on your income, assets, and ability to pay. It's not just available because you disagree with the assessment. And you'll need to be current on all your other tax filings to qualify.
Caleb Stone
15 Has anyone used TurboTax for this international spouse situation? I'm wondering if it can handle the whole "married filing separately with NRA spouse" thing properly? My wife is Brazilian and still lives there, but we're planning to file US taxes next month.
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Caleb Stone
ā¢7 I tried TurboTax last year with my Korean husband. It works but you have to know what you're doing. When it asks for your spouse's SSN, you can't just leave it blank - you have to type "NRA" and then it'll let you proceed. It also gets confused about the residency test questions so you might need to override some of their recommendations.
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Caleb Stone
ā¢15 Thanks for the tip about typing "NRA" in the SSN field! I didn't know that was an option. Did you have any issues with state taxes as well, or just federal? I'm in California which seems to have its own complicated rules for everything. I'm a bit concerned because my wife might have some minimal US-source income from an investment account we opened together last year. Does that complicate things further?
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Caleb Stone
3 Just a warning to anyone in this situation - if you choose Married Filing Separately, you lose several tax benefits: - No student loan interest deduction - No education credits - Much lower IRA contribution limits - No earned income credit - No child and dependent care credit I discovered this the hard way with my Argentinian wife. We ended up getting her an ITIN and making the election to file jointly, because the benefits outweighed the hassle of extra paperwork.
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Caleb Stone
ā¢18 Wait really? I didn't know about losing all those benefits! I've been filing separately from my Ukrainian husband for 3 years now and I claim both student loan interest AND education credits. Are you sure about this?
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