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2 Has anyone successfully gotten their employer to switch from a taxable per diem to a non-taxable one? My company is doing the same thing and I'm losing thousands in taxes. What's the best way to approach HR about this without sounding like I'm telling them they're doing their job wrong?
6 I actually did this last year! The key was framing it as a win-win for both the company and employees. I put together a one-page document showing how much FICA tax the COMPANY was paying unnecessarily by including per diem in taxable wages (they pay 7.65% matching on all those per diem amounts!). Then I showed how employees were getting hit with income tax on top of that. I brought it to our finance director rather than HR, since it was ultimately a money issue for the company. When they realized they could save thousands in payroll taxes company-wide by switching to an accountable plan, they made the change within a month!
14 One important thing to consider - if your employer switches to a non-taxable per diem system, make sure they're not reducing your base pay to compensate! I've seen companies do this, where they say "your total compensation stays the same" but they shift more to non-taxable per diem and reduce the base salary. This can impact your reported income for things like mortgage applications, retirement contributions, disability insurance, etc. Just something to watch out for!
Just to add another perspective on the Offer in Compromise process - make sure you understand that the IRS will file a Notice of Federal Tax Lien if one hasn't been filed already. This can affect credit and create other complications. Also, while your OIC is being considered, the 10-year statute of limitations on collecting the debt is suspended. If your sister-in-law is already in CNC status, it might be worth considering whether that's actually a better option for now, especially if she has limited income or assets. Sometimes staying in CNC until the collection statute expires can be more advantageous than an OIC, depending on the specific circumstances.
Thank you for mentioning this! I wasn't aware that the collection statute gets suspended during OIC consideration. Do you know if the CNC status means they can still put liens on her property? She doesn't own a house, but does have a car that's paid off. And approximately how long does the OIC process usually take from start to finish?
Yes, the IRS can (and often does) file tax liens even when you're in CNC status. The lien protects their interest in your assets even though they're not actively collecting. For a car, they typically won't seize it if it's of modest value and needed for work/medical appointments, but the lien would come into play if she tried to sell it. The OIC process typically takes 6-9 months from submission to decision, sometimes longer if there are complications or if the IRS requests additional information. During this entire time, the collection statute is paused. If the offer is rejected and you appeal, that extends the timeline and suspension even further. This is why it's important to weigh whether an OIC makes sense versus waiting out the collection statute in CNC status, especially if your sister-in-law has limited income or assets that would make collection unlikely anyway.
I went through the OIC process last year. One thing nobody warned me about was how strict they are about missing any payments AFTER an OIC is approved. If you miss a payment on an accepted offer, the entire original debt can be reinstated! Also, the financial disclosure is intense. They wanted to know EVERYTHING - my Venmo transactions, cash app, paypal, all bank accounts. They even questioned my Netflix subscription as a "luxury" and made me justify it. Be prepared for this level of scrutiny.
Did you do the OIC yourself or hire someone? And did you end up having to give up the Netflix? I'm just curious how detailed they get...seems super invasive. Good to know about the payment thing tho.
Don't forget to check if you need to file a FBAR (FinCEN Form 114) if you had foreign bank accounts! If the aggregate value of all your foreign accounts exceeded $10,000 at any point during the calendar year, you need to report them. This is separate from your tax return and has hefty penalties if you don't file. Also, depending on your specific situation, you might need to file Form 8938 (Statement of Specified Foreign Financial Assets) if your foreign assets exceed certain thresholds. The thresholds for Form 8938 are higher than for FBAR and depend on your filing status and whether you live in the US or abroad.
Oh no, I didn't even think about reporting my Japanese bank accounts! I had about $15,000 in my account before I moved everything to the US. Is there a deadline for filing this FBAR form? Is it the same as the tax return deadline?
The FBAR deadline is April 15, but it automatically gets extended to October 15 if you miss the April deadline. You don't need to request the extension specifically for the FBAR. The form is filed electronically through the Financial Crimes Enforcement Network's BSA E-Filing System, not with your tax return. It's fairly straightforward - you just need to provide information about each account, including the maximum value during the year, account number, and the financial institution's information.
One word of caution from someone who's been through this: if you're planning to claim the Foreign Tax Credit, be prepared for potential delays in your refund. When I filed with Form 1116 (Foreign Tax Credit) for the first time, my return got flagged for review and my refund was delayed by almost 3 months. Not saying this will happen to everyone, but international tax situations do tend to get more scrutiny. Make sure you have all your documentation organized and ready in case they request additional information.
Quick question about timing - I'm in the same boat (sophomore, made about $7k last year). Is there any benefit to filing early vs waiting until April? I've heard mixed things from friends.
File early!!! Especially if you're expecting a refund. The sooner you file, the sooner you get your money back. Also, identity theft is a real problem - if someone gets your SSN they can file a fake return in your name and steal your refund. Filing early prevents this. Filing early also gives you more time to correct any mistakes if something goes wrong. Last year I waited till the last minute and realized I was missing a form, had to file an extension and it was a whole mess.
If you're nervous about filing yourself, most colleges offer free tax help through the VITA (Volunteer Income Tax Assistance) program. Check your school's financial aid office or accounting department. The volunteers are usually accounting students supervised by professors or tax professionals, and they're certified by the IRS. I used it last year and they were super helpful and explained everything as they went along. Plus it's completely free!
This is what I did! Our business school had accounting students doing this as part of their practical experience. They were super thorough and even found a credit I didn't know about. Definitely worth checking if your school offers this!
Talia Klein
You might wanna double check what kind of insurance you have exactly. The 1095-C just shows that your employer OFFERED you coverage, not necessarily that you TOOK the coverage. If you declined their insurance and got marketplace coverage with premium tax credits instead, then you'd need to amend using your 1095-A form. But if you just had regular employer insurance all year like most people, and correctly said so on your tax return, you're fine. Keep the 1095-C with your records, but you don't file it with your return.
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Jabari-Jo
ā¢Thank you for pointing this out! I did take my employer's insurance and have been covered all year through them. I definitely checked the box on my return saying I had coverage for all 12 months. So it sounds like I'm ok from what everyone is saying?
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Talia Klein
ā¢Yes, you're fine then! If you had employer coverage all year and indicated that on your return, the 1095-C is just documentation for your records. You don't need to amend your return or do anything else. The IRS already gets this information reported to them directly from your employer. Just keep the form with your tax records in case there are ever any questions, but you're all set!
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Maxwell St. Laurent
Has anyone noticed that the 1095 forms ALWAYS come late? Like, every single year they're the last to arrive, usually after most people have already filed. Seems like the IRS should adjust the deadlines so these forms arrive before the filing season even starts. Makes no sense to get tax forms after you've already filed!
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PaulineW
ā¢100% agree. My 1095-B comes late EVERY year. I think employers have until March to send them out, but W-2s have to be out by January 31. The deadlines don't make any sense when tax filing starts in late January!
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Maxwell St. Laurent
ā¢Thanks for confirming I'm not the only one! It's so frustrating. You'd think after all these years they'd figure out how to align these deadlines better. I always end up having to decide whether to file early and get my refund sooner, or wait for all my forms and risk delaying my refund.
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