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While everyone's giving advice about dealing with the IRS, don't forget the criminal aspect here. What your mom's husband did is textbook fraud. Document EVERYTHING from those years: 1. Any emails/texts asking you to put the business in your name 2. Proof of your $500/week payments showing you weren't the true owner taking profits 3. Any documents he had you sign without proper explanation 4. Bank statements showing who actually controlled the business accounts Take all of this to the district attorney in the county where the business operated. This is criminal fraud, and they might be interested in pursuing charges especially if there's a paper trail. Also - and this is important - protect your credit immediately. File disputes with all three credit bureaus explaining the situation. Get identity theft protection. A tax lien can destroy your ability to get housing, transportation, or employment for years.
Would the district attorney even care about something like this? Seems like they're busy with violent crimes and would see this as a civil matter between family members.
DAs absolutely pursue financial crimes, especially when there's clear documentation of fraud. While violent crimes get more media attention, financial crime units exist specifically for cases like this. The key is having documentation showing intent to defraud. Many DAs have special white-collar crime divisions, and tax fraud cases that are already documented by the IRS are actually easier for them to prosecute. The fact that you've already been assessed by the IRS means half the investigative work is done.
Something nobody has mentioned yet - your mom's husband might have committed identity theft in addition to tax fraud. Contact the Taxpayer Advocate Service (TAS) at 1-877-777-4778. They're an independent organization within the IRS that helps taxpayers resolve problems. Tell them you believe you're a victim of identity theft related to tax fraud. This might qualify you for relief under several IRS programs. The fact that he put a business in your name without your informed consent (you didn't understand the tax implications) is a form of identity theft in many jurisdictions. And despite what others have said about your wife's assets, look into "innocent spouse relief" IMMEDIATELY. If properly filed and approved, this can protect your spouse from liability for these taxes. Don't wait on this - timing matters for these filings.
Thanks for mentioning the Taxpayer Advocate Service. I've heard of them but didn't think of contacting them. Would they be able to help even though I did technically agree to have the business in my name? I just didn't understand what I was agreeing to regarding the tax implications. As for innocent spouse relief, we got married after the tax years in question, but I'm worried about our current joint assets. Will look into this immediately.
You might want to look into the "Hobby vs. Business" distinction. If you're regularly selling cards and making a profit, the IRS may view this as a business rather than a hobby. The difference matters because with a business: 1. You can deduct expenses (like platform fees or shipping) 2. You need to file Schedule C 3. You may be subject to self-employment tax If it's just a hobby, the rules are different. But either way, keeping the money on the platform doesn't change when the income is recognized.
Is there a specific threshold for when card selling becomes a business vs hobby? Like a certain number of sales or dollar amount? I'm trying to figure out which category I fall into.
There's no specific dollar threshold that automatically makes it a business versus a hobby. The IRS looks at several factors including whether you depend on the income, how much time you spend on it, if you maintain proper records, and if you operate in a businesslike manner. Generally, if you're consistently profitable for 3 out of 5 years and treat the activity seriously (keeping records, having a separate bank account, etc.), the IRS is more likely to consider it a business. If you're just occasionally selling cards from your personal collection without much organization, it's more likely to be a hobby.
You guys are overcomplicating this. The platform spells it out clearly - they report $600+ in GROSS PAYOUTS. If you keep it as credit and never get paid out, technically there's no "payout" to report! I've been doing this with my vintage comic sales and haven't got a 1099 yet.
I strongly advise against this interpretation. "Gross payouts" in the platform's language likely refers to the total value of your sales, not specifically withdrawals. Most platforms report the total sales value whether you withdraw or not. Even if you did find a platform that only reports when you withdraw, you're still legally obligated to report all income on your tax return. The 1099 is just an information form - not receiving one doesn't mean you don't owe tax on the income.
Just to add another perspective - I work in payroll for a mid-size company. The way our systems are set up, we calculate FICA taxes (both employer and employee portions) based on gross wages BEFORE any income tax calculations happen. If overtime became exempt from income tax, we would need to modify our payroll software to flag overtime hours and exempt them from income tax calculations, but we would still run the full FICA calculations on all wages including overtime. So from an employer perspective, we would still pay the exact same amount in employer-side payroll taxes regardless of whether overtime is exempt from income tax or not.
Would this be complicated for companies to implement in their payroll systems? Seems like it would require significant software updates to track regular hours vs overtime hours differently for income tax purposes but the same for FICA.
It would definitely require payroll software updates, but it's not insurmountably difficult. Most payroll systems already track regular hours vs. overtime hours separately (for wage calculation purposes), so the capability to distinguish between them already exists. The tricky part would be updating the tax calculation logic to apply income tax to only regular hours while still applying FICA to all hours. Most major payroll providers would issue software updates to handle this, but there would certainly be an adjustment period. Smaller companies using more basic payroll systems might face bigger challenges implementing the change correctly.
One thing nobody has mentioned yet - there's also the Additional Medicare Tax of 0.9% that applies to higher-income earners (over $200k for single filers). Would overtime pay still count toward that threshold even if it's exempt from income tax?
Great question! Based on current tax law structure, even if overtime became exempt from income tax, it would still count toward the earnings threshold for the Additional Medicare Tax. This is because the Additional Medicare Tax is part of the FICA tax structure, not the income tax system. Since we've established that overtime would still be subject to FICA taxes even if exempt from income tax, the overtime earnings would still count toward that $200k threshold (or $250k for married filing jointly).
Just a quick bit of advice based on my experience as someone who's filed with 1098-Ts for years: make sure you understand the difference between Box 1 and Box 2 on the form! Box 1 shows payments RECEIVED by the school, while Box 2 (on older forms) showed amounts BILLED. The IRS cares about what was actually paid (Box 1), not what was billed. Also, don't forget that you need to subtract any tax-free educational assistance (scholarships and grants) from the total qualified expenses before calculating your credit.
This is super helpful! Question though - my daughter's 1098-T has an amount in Box 5 for scholarships. Do I literally just subtract Box 5 from Box 1 to figure out what expenses I can claim for the education credit?
Yes, that's exactly right. Take the amount in Box 1 (payments received by the school) and subtract the amount in Box 5 (scholarships/grants). The result is your eligible qualified education expenses that you can use for calculating education credits. Just be aware that if Box 5 is larger than Box 1, it means the scholarships/grants exceeded the tuition/fees, and you generally can't claim education credits in that case. Also, don't forget that expenses for books, supplies, and equipment required for courses can be qualified education expenses even if they weren't paid directly to the school (so they wouldn't be included in Box 1).
Has anyone used TurboTax for this situation? I'm trying to enter my son's 1098-T but it keeps asking who paid the expenses, and I'm not sure what to put since the money came from several different sources (my account, his savings, and his aunt).
I used TurboTax last year for this. When it asks who paid, you can select "you" as long as you're claiming the student as a dependent. They don't need the breakdown of where each dollar came from - they just need to know if you (as the taxpayer claiming the dependent) are the one claiming the expenses.
Brooklyn Foley
Just a tip from personal experience - even if you don't have to amend 2022, you might want to consider it if you had any amount of foreign tax paid that year. I was in a similar situation and found out I could have gotten a refund by filing Form 1116 for the foreign taxes I paid, even though I didn't need Form 2555 that year. Also, for 2023, definitely look at whether the Foreign Tax Credit (Form 1116) might be better than the Foreign Earned Income Exclusion (Form 2555) for your situation. With lower earned income but higher investment income with foreign taxes paid, Form 1116 might give you more benefit.
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Jay Lincoln
ā¢What's the time limit for amending previous returns to claim those foreign tax credits? I haven't been claiming mine for years but pay a lot of tax in my country of residence.
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Brooklyn Foley
ā¢You generally have 3 years from the original filing deadline to amend a return and claim a refund. So for 2022 taxes (which were due April 2023), you have until April 2026 to amend and claim those foreign tax credits. If you've been missing out on foreign tax credits for multiple years, you could potentially amend returns going back three years. This can be especially valuable if you're paying higher tax rates in your country of residence than you would in the US. Many expats don't realize they're leaving money on the table by not claiming these credits!
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Jessica Suarez
Does anyone know if using the standard deduction affects any of this? Last year I took the standard deduction because my income was so low ($9,800) and didn't bother with Form 2555. Now for 2023 my income is higher but I'm not sure if I've messed things up for using Form 2555 this year.
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Marcus Williams
ā¢You're totally fine! Using the standard deduction has no impact on your ability to use Form 2555 in future years. They're completely separate parts of your tax return. I've switched back and forth between years with and without Form 2555 while taking the standard deduction each time.
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