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One thing nobody mentioned - make absolutely sure you check the right reason code on Form 8919. Since you've filed SS-8 but haven't received a determination, you should use reason code G: "I filed Form SS-8 and haven't received a determination letter." If you use the wrong code, it could delay processing or even trigger unnecessary review. Also, FreeTaxUSA definitely supports Form 8919 e-filing - I used it last year for the same situation. The key is entering the income as "Wages paid as a statutory employee" rather than as self-employment income.
Can you walk me through exactly where in FreeTaxUSA I should be entering this? I keep getting stuck at the part where it asks if I want to file Schedule C. Should I be saying no to that?
You should definitely say NO to filing Schedule C since you're not claiming to be self-employed. In FreeTaxUSA, go to the Income section, then select "Wages paid by an employer who did not withhold Social Security and Medicare taxes" (not the 1099-NEC section). When you get to the screen asking for details, enter your income amount from the 1099-NEC, select reason code G, and enter the employer information exactly as it appears on your 1099. The software will calculate only the employee portion of FICA taxes rather than self-employment tax.
I dealt with this exact situation last year while working for a tech startup. If you're using TurboTax, be careful - it's especially tricky with them. I had to manually override some calculations because it kept wanting to charge me self-employment tax even after I indicated I was misclassified. H&R Block online handled it better in my experience. The key with any software is checking your final tax calculation to make sure it's only charging you the employee portion (7.65%) rather than the full SE tax (15.3%).
H&R block was terrible when I tried to file with Form 8919 last year. They kept adding the income back as self employment even after I removed it. Ended up having to paper file.
I've been a tax preparer for 15 years and I think a flat tax would destabilize entire industries. Think about the mortgage interest deduction - removing it would impact housing prices. Same with charitable giving deductions and nonprofit funding. Education credits and college attendance. The ripple effects would be enormous. Plus, the tax code isn't just about collecting revenue - it's also used to implement social policy and economic incentives. A true flat tax eliminates those tools.
Couldn't those incentives be handled through direct spending programs instead of tax code complexity tho? Why mix revenue collection with social policy?
That's a valid point in theory. Direct spending programs could replace tax incentives, but there are practical challenges. Our political system has historically found it easier to create tax incentives than to approve new spending programs. Tax benefits are less visible and often face less opposition. The other issue is implementation. The IRS already has mechanisms to verify income, process claims, and issue refunds. Creating new agencies or programs to handle what the tax code currently does would require significant infrastructure. Just look at how complicated some benefit programs are to administer compared to tax credits.
yall r forgetting the biggest problems with flat tax - it ignores investment income. rich ppl make $$$ from capital gains, dividends etc. If those got taxed at same rate as wages, maybe flat tax wud be ok. But most proposals keep preferential treatment for capital gains. So really its just a tax cut for wealthy disguised as "simplification
This is such an important point that gets overlooked! A true flat tax would need to treat all income the same regardless of source. Otherwise it's just shifting more burden to wage earners.
the real issue is that the tax system is designed to be confusing af so they can get more money from regular ppl. ur friends are probably cheating the system but the system is already cheating us so ๐คทโโ๏ธ your friends might not get caught cuz the irs is super underfunded and mostly goes after poor people not rich tax cheats. they might be playing the odds but personally id rather do it right and not worry about it tbh
That's absolutely wrong information. The IRS has been massively increasing their enforcement staff and technology. They're specifically targeting incorrect filing status claims because they're easy to detect with automated systems. The "they only audit poor people" thing is outdated - they're now using AI to flag suspicious returns across all income levels.
maybe ur right but all i know is my cousin has been filing hoh for years with no dependents and hasnt been caught. but yeah i guess the risk isnt worth it for most people. just saying the system is already rigged against regular people. i did hear they got a bunch more funding recently so maybe they will start catching more people. still think its stupid that we have such a complicated system in the first place.
Here's what's probably happening: Your friends are likely filing correctly but adjusting their W-4 withholding to have more taken out during the year. If you want a bigger refund (though it's financially not smart), you can just have extra withholding by filling out your W-4 to take more out of each paycheck. The goal of taxes shouldn't be a big refund - it should be to break even! A big refund just means you gave the government an interest-free loan all year.
Thanks for this insight! That makes more sense than them all incorrectly filing as HoH. I'll ask them about their W-4 withholding. I've always just chosen the standard withholding, but maybe they're having additional amounts taken out. That would explain the bigger refunds without them actually doing anything wrong!
Just to add something helpful for the original poster - make sure you're using the correct Article of the US-India tax treaty for dividends. If I remember correctly, Article 10(2)(a) specifies the 25% rate for Indian residents receiving US-source dividends. Also, keep in mind that if you're a student or trainee, there might be different provisions under Article 21 that could apply to your situation. The treaty has different rules depending on your visa status and purpose in the US.
Thank you! I'm here on an H1B, not a student visa. I did look up the treaty and confirmed it's Article 10 that applies to my situation with the 25% rate. Do you know if I need to attach any specific form to my 1040NR to document this treaty claim? Or do I just report the income with the 25% rate applied?
Since you're on an H1B and this is a standard treaty provision for the reduced dividend withholding rate, you typically don't need to attach Form 8833. You'll report the dividend income on your 1040NR and apply the treaty rate directly. In Sprintax, when you enter your dividend income, there should be an option to indicate that it's subject to a treaty rate. Make sure you select "India" as your country of residence for treaty purposes and the system should apply the correct 25% rate. For the period where no withholding was done, you'll need to calculate and pay the 25% tax on those dividends.
One more thing to check - make sure Fidelity issued you a correct 1042-S form showing your dividend income and withholding. This form is specifically for foreign persons with US-source income. If they didn't issue one or it's incorrect, you should contact them to get it fixed before filing.
Zainab Ahmed
I'm actually not convinced Congress will let all the TCJA provisions expire. Historically, they tend to extend popular tax breaks even when they're set to sunset. Remember the "Bush tax cuts" that were supposed to be temporary? Many of those provisions became permanent for most taxpayers. I'm betting they'll at least extend the expanded standard deduction and child tax credit since those benefit many middle-class voters. The corporate tax rate might be allowed to increase somewhat, but I doubt they'll let it go all the way back to 35%.
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Connor Byrne
โขAgree! It would be political suicide to let middle class families see their taxes go up right after an election. My money is on them extending at least some provisions, probably at the last minute in December 2025 like they always do. Makes planning almost impossible though.
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Yara Abboud
Everyone's focusing on the income tax aspects, but don't forget about the estate tax exemption! That's also scheduled to drop significantly after the TCJA expires - from about $12.9 million per person down to around $6-7 million (adjusted for inflation). If you've done estate planning based on the current higher limits, you might need to revisit your strategy.
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PixelPioneer
โขOmg thank you for bringing this up. My parents did their estate planning after 2018 and I don't think they've considered this. Going to make sure they talk to their attorney.
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Yara Abboud
โขYou're welcome! It's definitely something that caught many people by surprise. The current estate planning strategies that work with the higher exemption amounts may need significant revision when the exemption is cut roughly in half. For people in that potential danger zone (estates valued between $6-13 million), it might be worth looking into making larger gifts before the end of 2025 to lock in the higher exemption amount. The IRS has already issued regulations confirming they won't try to "claw back" the benefit of the higher exemption for gifts made while it was in effect, even after it expires. It's one of the few areas where proactive planning before the expiration can make a real difference.
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