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Former tax preparer here - just want to add that using Form 8919 is pretty straightforward, but make sure you keep good documentation of why you believe you were misclassified. The key factors for attorneys specifically are: - Did the firm control which clients you worked with? - Did they review and approve your work? - Did they set your hours or require you to work in their office? - Did they provide equipment, software, staff support? If most of these are "yes" then you were almost certainly an employee, not a contractor, regardless of the billable hour payment structure. I've seen many law firms incorrectly classify new associates to avoid payroll taxes.

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Thanks for this specific breakdown! Yes to all of those questions - they assigned clients, partners reviewed everything before it went out, I had set office hours (9-6 generally), and they provided everything including legal research software and admin support. Sounds like Form 8919 is definitely the right approach here.

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You're welcome! With all those factors, you're clearly describing an employee relationship, not an independent contractor situation. Form 8919 is absolutely the right approach. Just one more tip - in Section 3 of the form where it asks for the reason code, use code G since you received both a 1099 and W-2 from the same firm in the same year. This is a textbook example of when to use that code. And keep copies of any firm policies, emails about work requirements, etc. that demonstrate the control they had over your work, just in case questions come up later.

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Nia Thompson

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Has anyone used TurboTax to file Form 8919? I'm in a similar situation (web developer with both 1099 and W-2 from same company) and wondering if the software handles this correctly or if I need to go to a professional?

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Yes, TurboTax does support Form 8919! I used it last year for this exact situation. When you enter your 1099-MISC, it will ask a series of questions about your working relationship with the payer. Answer those honestly, and if it determines you were misclassified, it will guide you to Form 8919 instead of Schedule C/SE. One tip though - make sure you're using at least TurboTax Deluxe. The free version doesn't support this form.

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Don't forget to check if you need to make estimated tax payments going forward if you continue getting 1099 income! I learned this the hard way and got hit with an underpayment penalty my first year of contract work. Since no taxes are withheld from 1099 payments, you're supposed to make quarterly estimated payments if you expect to owe $1000+ in taxes. It's one of those things nobody tells you until after you've already messed up!

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Wait seriously?? I have another similar internship lined up for summer. How do I figure out how much to pay for these quarterly payments? My income varies a lot because I also have a part-time W-2 job during the school year.

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For variable income, you have a couple options. The safest is to use the "safe harbor" provision - pay either 90% of your current year's tax or 100% of last year's tax (110% if your income is over a certain threshold) divided into quarterly payments. With a mix of W-2 and 1099 income, you could also increase your W-2 withholding to cover your expected 1099 tax liability. Just submit a new W-4 to your employer requesting additional withholding. This can sometimes be easier than making separate quarterly payments, and withholding is considered even throughout the year even if it's all done later in the year.

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Aisha Patel

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Something nobody mentioned - check with your state too! Different states have different rules for self-employment taxes. Here in Oregon, I had to file an additional state business tax form for my contracting income even though it was relatively small. California has some special requirements too.

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LilMama23

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Seconding this! Michigan has a separate tax for self-employment over a certain amount. I almost missed it my first year and would've gotten a nasty surprise later.

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Jacob Lee

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Quick question about FL filing requirements - are you sure you need to file Florida corporate returns? I thought if your corporation was under a certain income threshold, you might be exempt? Not trying to give advice, just wondering because I'm in a similar position with a small C corp.

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Charlie Yang

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Florida requires C corporations that are doing business in Florida to file Form F-1120 (Florida Corporate Income Tax Return) regardless of whether they have any tax liability. Even if your corporation falls below the income threshold where you'd owe tax, you typically still need to file the return. There is an exception for corporations not doing business in Florida and corporations that have no income reportable to Florida. So it depends on where your C corporation is operating and generating income. Florida does have filing exemptions for certain entities like S corporations and certain non-profits, but standard C corporations generally need to file.

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One thing to consider - if you owe taxes for those unfiled years, you might want to look into the IRS Fresh Start program. I was in a similar situation with unfiled returns and substantial tax debt, and qualified for an installment agreement with some penalties reduced. Don't let fear of penalties prevent you from filing. The penalties for not filing are much worse than the penalties for filing late. And remember that the failure-to-file penalty stops accruing once you file, even if you can't pay right away. Also, be sure to e-file your current year (2023) return on time while you're catching up on past years. You don't want to fall further behind.

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NebulaNova

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Just a reminder that if your child's interest income (including the I-Bond interest) is under $1,200 for 2023, you're generally not going to owe any tax on it due to the kiddie tax rules and standard deduction. So while it's important to report it correctly, the tax impact might be minimal. Also worth noting - if you paid more than face value for the bonds (a premium), that affects your basis and potentially the interest calculations too.

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Is that $1,200 threshold the same for 2024? My daughter's bonds will be right around that amount next year, so trying to figure out if we need to plan for potential tax liability.

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NebulaNova

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For 2024, the threshold is actually $1,250 - it was adjusted for inflation. If your daughter's interest and other unearned income will be close to that amount, you might consider tax planning strategies like potentially moving some income to 2025 if possible. Remember that the kiddie tax only applies to unearned income (like interest), not to earned income from a job. So if your daughter has any employment income, that's handled differently and has its own standard deduction.

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Paolo Conti

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Has anyone used TurboTax for reporting the annual I-Bond election with an early redemption penalty? Does it handle this situation correctly or do I need to make manual adjustments?

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Amina Diallo

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I used TurboTax last year with this exact situation. It doesn't handle it automatically - you need to manually enter the correct interest amount (only what you get to keep after the penalty) on Schedule B. TurboTax won't calculate the penalty for you or guide you through which interest months to include/exclude.

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Ryan Young

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Just want to add one thing that nobody's mentioned: if you have $4,000 in 1099 income and can legitimately deduct expenses to bring it down to $0, you won't owe ANY self-employment tax on it. That's because SE tax only applies to your net profit after expenses. But make sure your deductions are legitimate business expenses - the IRS looks closely at Schedule C deductions, especially when they completely eliminate taxable income.

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Zoe Gonzalez

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Thanks for this clarification! So if I understand correctly: I should definitely file Schedule C with my business expenses to reduce my self-employment tax, but that's completely separate from deciding between itemized vs. standard deduction? And since my total income is only around $32,500, the standard deduction ($13,850) is probably better unless I have some major itemized deductions?

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Ryan Young

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Yes, that's exactly right! File Schedule C to report your 1099 income and expenses (which reduces or eliminates self-employment tax on that income). And yes, at your income level, you'll almost certainly want to take the standard deduction unless you have extraordinary itemized deductions like major medical expenses, huge charitable contributions, or large mortgage interest payments. For most people in your situation, itemized deductions don't exceed the $13,850 standard deduction.

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Sophia Clark

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Anyone have experience with using the home office deduction? I have a dedicated space in my apartment where I do all my freelance work. Is it worth claiming?

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Just be careful with the home office deduction - it has to be a space EXCLUSIVELY used for business. If you sometimes use that desk/room for anything personal, it doesn't qualify. I got audited over this once.

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