Do all states have annual fees for LLCs? That might be a dealbreaker for me since my side gig only makes about 8k a year.

Not all states have the same fee structure. Some have low or no annual fees, while others like California are expensive. For example, Wyoming, New Mexico, and Arizona have very low annual fees under $100. If you're only making about $8k a year, you definitely need to calculate if the fees make sense for your situation. In many cases for smaller side hustles, operating as a sole proprietor and maximizing your eligible deductions on Schedule C is the most cost-effective approach. Just make sure you have good records of all business expenses and consider getting business insurance for liability protection instead of relying on an LLC structure.

That's interesting - wouldn't both show up on the same line of your tax return though? Schedule C income is Schedule C income whether it's from an LLC or sole prop, right?

This is exactly what I've been wondering. Beyond just getting my tax situation fixed, can I sue them for damages? The stress this has caused has been unbelievable. I've had trouble sleeping, my credit score dropped, and I've spent countless hours trying to fix this mess. Would small claims court be appropriate, or should I look for an attorney who works on contingency?

This case is too complex and the damages potentially too large for small claims court. You need an attorney who specializes in tax identity theft or financial fraud. Many attorneys in this field will offer a free initial consultation. The damages you could pursue include: all tax penalties and interest, compensation for credit damage, costs for credit monitoring services, time spent resolving the issue (calculated at a reasonable hourly rate), and potentially punitive damages since their actions appear willful rather than accidental. Some states also allow for statutory damages for identity theft. I'd recommend contacting your state bar association for a referral to attorneys specializing in identity theft or tax fraud. Look for someone who has experience specifically with business-related identity theft, as this is more complex than typical consumer identity theft cases.

I was strictly a volunteer. I helped at events and occasionally assisted with marketing materials, but I was never an employee, never received compensation, and had no financial authority or access to accounts. I was not an officer or board member. I just let them use my SSN temporarily to set up the Square account when they were in a rush one day, with the explicit understanding that they would immediately change it to their Tax ID.

That makes this WAY worse from a legal perspective. As someone with nonprofit experience, I can tell you that what they did borders on criminal fraud. Nonprofits have EINs (Employer Identification Numbers) specifically for financial transactions. There is NEVER a legitimate reason to use a volunteer's SSN for merchant processing.

This is super helpful, thank you! I just called the estate attorney and she's going to send me copies of all the paperwork including the 1099 forms. She seemed to think it was probably a coding error too. Do you know if I need to file an amended return or is a dispute letter enough?

If you never reported this money as income on your original tax return (which you shouldn't have if it was inheritance), then you don't need to file an amended return. You just need to respond to the IRS notice with a clear explanation and documentation. Your response should include: 1) Death certificate copy, 2) Documentation showing you were a beneficiary, 3) Any incorrect 1099 forms with an explanation of why they're wrong, and 4) Documentation of the step-up basis if there were securities involved. If all this seems overwhelming, it might be worth paying a tax professional who specializes in estates for a one-time consultation.

This is a really important point. My family went through this with my grandmother's IRA. We all got distributions and ALL of it was taxable because it was a pre-tax retirement account. The step-up basis rules don't apply to IRAs and 401ks the same way they do to regular investment accounts. OP specifically mentioned it was "not an IRA" but sometimes people don't realize what type of accounts they're inheriting. If it was any type of retirement account (traditional IRA, 401k, 403b, etc.), those distributions are definitely taxable.

Thank you for bringing this up! I'm 100% sure it was a regular brokerage account and not a retirement account. I just got off the phone with the estate attorney who confirmed it was a non-retirement investment account, so it should have gotten the step-up basis treatment. She's going to send me all the documentation tomorrow, but she believes Fidelity incorrectly coded the distribution which is why the IRS thinks I owe taxes. I'll update once I know more!

Thanks for the suggestions! I checked and my withholding percentage definitely dropped. Looking at box 2 of my W-2, last year they withheld about 18% of my total income but this year it's only 15%. That seems to be where the problem is. The bonus was about $8500 so that explains a good chunk of the difference.

Yeah that withholding percentage drop is definitely your answer. For the bonus specifically - they typically withhold a flat 22% from bonuses (called supplemental wages), but if you're in a higher bracket overall, that's not enough. If you expect similar bonuses in the future, you can add an extra withholding amount on line 4(c) of your W-4. Calculate roughly how much more you'd need based on your actual tax rate minus the 22% they'll withhold automatically.

Does your company let you do this? Mine requires submitting W-4 changes like 3 weeks in advance so it's hard to time it exactly with the bonus paycheck.

Yeah my company lets us make W-4 changes through our online portal and they take effect in the next pay cycle. I just mark myself as "Married but withhold at higher Single rate" and add 0 dependents instead of my usual 2 for the bonus check. I've also started just having an additional $50 withheld from each regular paycheck throughout the year (line 4c on the W-4) which builds a little cushion. I'd rather get a small refund than owe.

Thank you for the suggestion! I definitely don't want to do anything illegal. Would these credits help even if he doesn't make much money? He works part time and gets some cash jobs on the side (probably doesn't report all of that income).

Yes, these credits can definitely help people with lower incomes! The Earned Income Tax Credit (EITC) is specifically designed for lower-income workers and is refundable, meaning he could get money back even if he owes no tax. Regarding the unreported cash income - that's a separate issue, but he should know that claiming tax credits while not reporting all income could create problems if he's audited. The safest path is to report all income and claim the credits he's legally entitled to.

No, if he doesn't claim his daughter as a dependent, he can't file as head of household. He'd have to file as single, which has worse tax rates and a lower standard deduction. That would probably hurt him more financially than whatever benefit OP might share from illegally claiming the kid.

Thanks for explaining that. Makes sense why he'd want someone else to claim his kid if he's not making enough to benefit from the credits, but sounds like he'd lose the head of household status which is pretty valuable.