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Something no one has mentioned yet - make sure your husband keeps better records of his income and expenses going forward! My husband was in a similar situation with odd jobs, and when we got audited (for an unrelated issue), the IRS wanted documentation for every penny of his side work. Start keeping a simple log of each job, who paid him, how much, and any expenses related to the work (gas, tools, supplies). Take photos of receipts with your phone. This will make tax time SO much easier and protect you if questions ever come up.
That's really good advice! What kind of documentation would be acceptable for cash jobs? Most of his work is for neighbors who just pay cash, no invoices or anything formal.
For cash jobs, create your own simple invoice system - even a notebook where you write down the date, customer name, service provided, and amount paid is better than nothing. Some people use apps like Square or PayPal for small jobs which automatically creates a record. The key thing the IRS wants to see is consistency and reasonableness. If you can show a regular pattern of work and income that matches the lifestyle you report on your taxes, that goes a long way. For expenses, keep ALL receipts for anything related to the work. Home improvement stores, gas, work clothes, tool repairs - these can all potentially be deductible depending on how they're used. Just make a note on each receipt what job it was for.
Has anyone calculated how much self-employment tax would be on $4,000 of income? I'm in a similar boat and trying to figure out if it's even worth reporting such a small amount.
Self-employment tax is currently 15.3% of net earnings (12.4% Social Security + 2.9% Medicare). On $4,000 of net income, that would be about $612 in self-employment tax. However, you can deduct half of that on your 1040, which slightly reduces your income tax. But remember, you'll likely have deductible expenses that reduce your net income. If your husband spent money on tools, supplies, transportation to jobs, etc., those costs can lower the taxable amount significantly. Sometimes with proper expense tracking, the taxable income might be much lower than the gross income.
Has anyone considered setting up an S-Corp instead? I was in a similar 100% commission W-2 role and eventually switched to being an independent contractor and then formed an S-Corp. Now I can legitimately deduct all business expenses including mileage, home office, etc. Plus I save on self-employment taxes by taking a reasonable salary and the rest as distributions. It's not for everyone, but if your employer is willing to work with you as a contractor instead of an employee, it might be worth exploring. You have to weigh the benefits of expense deductions against the loss of any employee benefits you currently receive.
Doesn't switching to independent contractor status mean losing unemployment insurance protection? And what about health insurance? I'm weighing these options too but worried about losing safety nets.
Yes, switching to independent contractor status does mean losing unemployment insurance protection, which is definitely something to consider in your decision. You'd need to essentially create your own safety net through savings. Regarding health insurance, as an S-Corp owner, you can actually establish a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA) or an Individual Coverage Health Reimbursement Arrangement (ICHRA) to pay for health insurance premiums with pre-tax dollars. Alternatively, the health insurance premiums for self-employed individuals are deductible on your personal return. Many find that the tax savings from properly structured self-employment more than cover the additional costs of independently obtained insurance.
One option nobody has mentioned yet - some states still allow unreimbursed employee business expense deductions on STATE tax returns even though they're suspended federally. I'm in California and was able to deduct my business mileage and partial home office on my state return as a W-2 employee. Saved about $780 last year on state taxes alone. Worth checking if your state offers this. New York, California, Minnesota and a few others still have these deductions available.
That's super helpful, thanks! I'm in Pennsylvania - does anyone know if they allow these deductions? Going to look it up now but figured I'd ask.
I can confirm this works in New York too. I deducted over $8,000 in unreimbursed business expenses last year as a W-2 employee on my state return. The key is keeping meticulous records - mileage log, home office measurements and expenses, etc. The state can audit these deductions separately from your federal return.
Something to consider that no one has mentioned yet - if your wife is earning babysitting income in her country of residence, she might also have tax obligations there! I learned this the hard way when my wife was teaching English in Japan. Just because she's a US citizen doesn't mean she's exempt from local tax laws where she physically works. You'll need to look into the tax treaty between the US and her country to understand how to avoid double taxation.
That's a really good point that I hadn't even considered! She's currently living in Australia and I have no idea what their rules are for small self-employment income like babysitting. Would we need to file tax returns in both countries then? And how does that work with the tax treaty stuff?
Australia definitely taxes residents on worldwide income, so yes, she likely needs to file there too. The good news is that the US and Australia have a comprehensive tax treaty. If she pays taxes in Australia, you can generally claim a Foreign Tax Credit on your US return using Form 1116 to offset US taxes on that same income. This helps prevent double taxation. Australia has a tax-free threshold of about 18,200 AUD, so if she's making less than that from babysitting, she might not owe Australian taxes anyway.
One more thing to think about - if your wife has any foreign bank accounts and you're filing jointly, you both need to report ALL foreign accounts on the FBAR form, even if they're only in her name. The threshold is $10k combined across all accounts at any point during the year. And just fyi, the penalties for not filing FBAR when required are CRAZY high, even for innocent mistakes. Like potentially $10k per violation.
When you respond to the audit notice, be sure to include: 1. A copy of your amended return (Form 1040-X) 2. A copy of the certified mail/tracking receipt showing when the IRS received it 3. A cover letter clearly explaining that you already identified and corrected this issue 4. All supporting documentation they're asking for (even though you included it with your amended return) I went through this exact situation last year. The key is making it super easy for the auditor to see that you've already handled the issue. Don't just tell them "I already amended my return" - show them the proof and connect all the dots for them.
This is really helpful info. Should I also include a copy of my original W-2 that matches the amended return? And do I need to explain why the original return was wrong or just focus on showing that I fixed it?
Yes, definitely include a copy of the W-2 that matches your amended return. That's one of the most important documents to include. For your second question, I'd include a brief explanation of what happened - that you initially filed with pay stub information but then submitted an amended return as soon as you received your actual W-2. Keep it factual and straightforward without placing blame. The focus should be on showing that you proactively corrected the issue as soon as you had the right information.
H&R Block should be helping you deal with this! Their preparer gave you incorrect advice about using a pay stub instead of waiting for your W-2, and now you're dealing with the consequences. Most tax prep chains have some kind of guarantee or assistance if you get audited for a return they prepared. Call the specific H&R Block office where you had your taxes done and ask to speak to the manager. Explain the situation and that you need their help responding to the audit notice, especially since it was their advice that led to this situation in the first place.
H&R Block's "audit assistance" is a joke. I had a similar situation last year and they basically just printed out my return again and said "here you go." They didn't help draft any responses or talk to the IRS for me. Maybe OP's location is better, but my experience was terrible.
Benjamin Kim
Something nobody's mentioned yet - you also need to consider self-employment tax. If you don't deduct your business expenses, you'll pay more in SE tax (15.3% on the first $160,200 for 2023). By accurately reporting your $4,000 in expenses, you'd save about $612 in SE tax ($4,000 Γ 15.3%). That's money you could then invest elsewhere or use to cover business costs. Not claiming legitimate business expenses is essentially overpaying your taxes.
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Aidan Hudson
β’That's an excellent point I hadn't considered. So even if I'm able to zero out my income tax through 401k contributions, I'd still be paying unnecessary SE tax if I don't claim my business expenses. Could you explain a bit more about how the SE tax calculation works with Solo 401k contributions?
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Benjamin Kim
β’Exactly! Solo 401k contributions don't reduce your self-employment tax liability - only your regular income tax. SE tax is calculated on your net earnings from self-employment (Schedule C profit) before any retirement plan contributions. So if you have $19,500 in income and don't deduct that $4,000 in expenses, you'd pay SE tax on the full $19,500. But if you properly deduct the $4,000, you'd only pay SE tax on $15,500. At the 15.3% SE tax rate, that's a savings of about $612. That's real money you'd be leaving on the table by not claiming legitimate expenses!
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Samantha Howard
I actually messed this up a few years ago thinking I could choose which expenses to report. My accountant later told me the Schedule C should reflect the true economic reality of your business - you don't get to pick and choose which expenses to report based on what gives you the best tax outcome.
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Megan D'Acosta
β’Did you get audited or have any issues with the IRS over it? I've been wondering how they would even know if you didn't report some expenses.
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