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Former salon manager here. What your wife's employer is doing is unfortunately common practice in some salons, but it's definitely not right. Here's why they're doing it: when tips are properly reported, the business has to pay the employer portion of Social Security and Medicare taxes on those tips. By telling employees to "handle it themselves," they're avoiding these costs. For credit card tips specifically, this is extremely sketchy because there's already a paper trail. The IRS can easily see that the business processed credit card tips but didn't report them properly on W-2s. Your wife should absolutely keep her own detailed records of ALL tips received, noting which were cash and which were credit card. This will protect her if there's ever an audit.
Is there a way to report this kind of behavior anonymously? My salon does the same thing and I'm worried about taxes but don't want to lose my job for causing problems.
Yes, you can report tax compliance issues anonymously using IRS Form 3949-A (Information Referral). You can submit this form without providing your personal information, and the IRS is prohibited from disclosing the source of their information during an investigation. That said, if you're the only employee suddenly concerned about tip reporting, it might be obvious who made the report. Some employees choose to first approach the situation by simply saying they need proper tip reporting for mortgage application purposes or similar financial reasons - this sometimes can change the employer's approach without creating conflict.
Just want to add - check your state laws too! Some states have additional requirements for tip reporting and minimum wage calculations for tipped employees. In my state, employers who take a tip credit have to provide written notification to employees about tip reporting procedures. Also, if your wife is getting health insurance or other benefits through this job, unreported income could affect her qualification or subsidy amounts if she's getting coverage through the ACA marketplace. It really can create a cascade of problems beyond just the IRS issues others mentioned.
Alicia Stern
ā¢This is a really good point! When I was reporting tips incorrectly, it messed up my income verification for an apartment rental application. The landlord wanted proof of income and my paystubs showed way less than I actually made. Created a huge headache and almost lost the apartment.
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I'm still confused about the difference between Subpart F income and GILTI. My foreign corporation in Thailand has mostly service income. Would this fall under GILTI or Subpart F? I keep getting mixed messages from different accountants.
Generally, service income from foreign corporations doesn't automatically trigger Subpart F unless it meets specific criteria (like services performed for a related party or services performed outside the country of incorporation). If your service income doesn't meet the Subpart F criteria, then any retained earnings would potentially be subject to GILTI.
Andre Dupont
PSA for anyone dealing with GILTI: don't forget about the high-tax exception! If your foreign income is already taxed at more than 18.9% (90% of the current 21% US corporate rate), you might be able to exclude that income from GILTI. Saved me a ton on my Singapore business where corporate rate is 17% but with some local surtaxes it pushed me over the threshold.
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Just an FYI for anyone dealing with this - I'm a payroll specialist (not for Paycom) and this is unfortunately a common mistake. The confusion usually happens because both HSA contributions AND cafeteria plan premiums are pre-tax, but they're handled differently on the W2. For clarification: - Box 12 Code W: Only HSA contributions - Cafeteria plan premiums: No specific box, they simply reduce wages in Box 1 - FSA contributions: Box 14 (optional) or just reduce Box 1 - 401k contributions: Box 12 Code D If your payroll person insists they're right, ask them to check IRS Publication 969 and the W2 instructions specifically for Box 12 Code W.
This is super helpful! Would it make a difference if some of the additional amount in Code W might be employer contributions to the HSA? My employer doesn't contribute to mine, but I'm wondering if that could explain why some companies might have a higher number there.
Yes, that's a good question! If your employer makes contributions to your HSA, those amounts ARE included in Box 12 Code W along with your own contributions. So the total in Code W would be the combination of your contributions plus your employer's contributions. But in your case, since you said your employer doesn't contribute to your HSA, that's not the explanation. This is definitely an error where they're incorrectly including cafeteria plan premiums in Code W.
Sorry if this is a dumb question but how urgently does this need to be fixed? I just checked my W2 and I think they made the same mistake. I've already filed my taxes though... am I going to get in trouble with the IRS?
Don't worry, it's not a dumb question at all. If you've already filed, you should still try to get a corrected W2 from your employer. Once you receive it, you'd need to file an amended return (Form 1040-X). If the incorrect W2 makes it look like you over-contributed to your HSA, the IRS might send you a notice. In that case, you'd need to respond with an explanation and documentation showing your actual HSA contributions. It's better to be proactive, but you won't get in serious trouble - worst case would be having to pay a 6% excise tax on any "excess contributions" until the issue is resolved.
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Rajiv Kumar
22 Just a heads up - while it's true you don't need to file if your gifts are under the annual exclusion, make sure you're calculating everything correctly. Did you give any other gifts to these same people during the year? Cash, paying bills directly, or adding someone to property deeds all count. Also, if you're married, you and your spouse can split gifts (effectively doubling the exclusion amount) but you DO need to file Form 709 to elect gift splitting even if you don't owe any tax.
Rajiv Kumar
ā¢1 Thanks for this additional info! The only gifts I gave were those three payments for my kids' down payments. I'm widowed, so no spouse to worry about for gift splitting. I definitely didn't exceed $17,000 per person - each payment was exactly $15,000 since that was the exclusion limit I remembered from a few years ago (before it increased).
Rajiv Kumar
ā¢22 You're all set then! The annual exclusion was $15,000 for 2018-2021, then increased to $16,000 for 2022, and $17,000 for 2023. Since your gifts were $15,000 each, you're well under the threshold even for 2022. And being widowed means you don't need to worry about the gift-splitting election. Just keep good records of these gifts for your own files - dates, amounts, and recipients. This can be helpful in case questions ever arise in the future, but you definitely don't need to file Form 709.
Rajiv Kumar
5 Somewhat related question - if I did need to file Form 709 but had already filed an extension with Form 8892, when would the new deadline be? Is it October 15th like regular income tax extensions?
Rajiv Kumar
ā¢19 Gift tax extensions work differently than income tax extensions. Form 8892 extends the deadline to October 15th, but only if you also filed an extension for your income tax return (Form 1040). If you didn't extend your 1040, the 709 extension only goes to April 15th plus 6 months, which would also be October 15th. So either way, October 15th would be your deadline.
Levi Parker
This sounds like a nightmare! I'd be furious. One thing to add to what others have said - if your CPA won't give back your documents, you can get tax transcripts directly from the IRS that show most of the information from your W-2s, 1099s, etc. Go to irs.gov and search for "Get Transcript" - you can view and download them online if you create an account, or request them by mail. This might help you file on your own or with another preparer without having to wait for your documents back.
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KingKongZilla
ā¢Thank you for this tip! I didn't know about the transcript option. Would this show whether our CPA filed an extension for us? That's our biggest concern right now since the deadline has passed.
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Levi Parker
ā¢Yes, your tax transcript would show if an extension was filed on your behalf. When you access your transcript, look for a transaction code 460, which indicates an extension was filed. It should appear with the current tax year date. It will also show if a return was filed (transaction code 150) or if any payments were made. The transcript is basically a complete record of all transactions with the IRS for your tax account, so it's super helpful in situations like yours when you're in the dark about what actions were taken.
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Libby Hassan
Report her to your state's CPA board immediately! This is completely unethical. I went through something similar last year and wish I had reported my CPA sooner. You should also file IRS Form 14157 (Complaint: Tax Return Preparer) to report this to the IRS. The form is available on irs.gov. As for your documents, in most states it's illegal for her to withhold your original documents. You might need to threaten legal action to get them back.
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Hunter Hampton
ā¢I agree with reporting to the state board, but be careful with threatening legal action. I did that with my accountant and it just made everything more complicated. I'd try the certified letter approach first before escalating.
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