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Coming from someone who did exactly this for a friend from China - DO NOT DO IT without forming the right business entity. I registered as a sole proprietor for my friend's importing business, and it was a disaster at tax time. All the business income (over $200k) showed up on my personal tax return even though I only got to keep about $10k. Pushed me into a much higher tax bracket, and I ended up owing way more in taxes than the profit I received. Plus I got hit with penalties for underpaying quarterly estimated taxes since I didn't realize I needed to be making those payments.
Couldn't you deduct the amount you paid to your friend as a business expense though? Like as a contractor payment or something?
That's what I thought too, but it's not that simple. Unless you have a formal agreement and you're paying them as a contractor with proper documentation (including a W-8BEN form for foreign contractors), those payments aren't automatically deductible. The IRS wanted to see proof that these were legitimate business expenses and not just me moving money around. Without the right paperwork established beforehand, they considered all the income as mine. Plus, there are strict reporting requirements for payments to foreign persons that I wasn't aware of. The whole thing turned into an audit nightmare.
Has anyone mentioned the potential legal issues with customs and import regulations? If your friend is exporting to the US and you're the registered business owner, YOU are responsible for ensuring all imports comply with US regulations. If they ship products that violate import laws or don't pay proper duties, guess who the Customs and Border Protection will come after? You. And some of these penalties can be severe.
This happened to my brother! His "friend" imported some electronics that turned out to be counterfeit. Customs seized the shipment and my brother got hit with a $15,000 fine since the business was in his name. The "friend" disappeared and my brother was stuck with the bill.
Just wanted to add another point - while there's no failure-to-file penalty when you're due a refund, there IS a deadline for claiming that refund. You have 3 years from the ORIGINAL due date (not the extension date) to file and claim your refund. So for 2024 taxes, you'd need to file by April 15, 2028, or you forfeit your refund completely. The government keeps your money if you don't file within that window!
Thanks for this additional info! I definitely will file long before that 3-year deadline hits, but good to know there's an absolute cutoff. Does the same apply for state taxes or does that vary by state?
The 3-year refund claim deadline is for federal taxes. State tax deadlines vary by state - some follow the federal 3-year rule, while others have shorter or occasionally longer timeframes. For example, California and New York generally follow the federal 3-year rule, but some states like Montana only give you 2 years to claim a refund. I'd recommend checking your specific state's tax agency website for their rules since it's not standardized across all states.
Something to consider - even though there's no penalty, waiting to file when you're owed a refund is basically giving the government an interest-free loan. If your refund is substantial (like over $1000), that's money that could be in your account earning interest or paying down debt.
True, but with the current disaster at the IRS with processing times, you might not get that refund anytime soon anyway. My brother filed in April and just got his refund last week!
Just wanted to add that there's a special rule for W2 employees that many people don't know about! If your tax is being withheld from regular paychecks, the IRS treats those withholdings as if they were made evenly throughout the year, EVEN IF they weren't. So if you increase your withholding in the last few months of the year to catch up, the IRS treats it as if you had been paying that amount all year. This doesn't work for self-employed people making estimated payments, but for W2 folks, it's a great safety net.
Is this actually true? That would be a huge help for me. I just realized I'm under-withheld for 2023 and was thinking about submitting a new W-4 to increase withholding for the last two months.
Yes, absolutely true! It's one of the less known advantages for W2 employees. The IRS regulations consider withholding to have been paid proportionally throughout the year regardless of when it was actually withheld. So you can absolutely submit a new W-4 now to increase your withholding for the remaining months of 2023, and the IRS will treat it as if you had been paying at that higher rate all year long. This can help you avoid underpayment penalties even if you were under-withheld for most of the year.
Can someone explain the 1040-ES form to me? Is that something everyone needs to file or just self-employed people? My tax situation is changing next year and I'm trying to figure out what forms I'll need.
Form 1040-ES is for making estimated tax payments, not just for self-employed people. You need it if you expect to owe $1,000 or more when you file your tax return AND your withholding/credits won't cover at least 90% of current year tax (or 100%/110% of prior year). Most W2 employees don't need it because their employer withholds enough from their paychecks. But if you have significant income not subject to withholding (investments, rental income, side gigs), you might need to make estimated payments using 1040-ES.
I went through this exact same situation with a small private school I worked for. Here's what happened: they gave me a 1099 but had been withholding taxes. I filed Form SS-8 with the IRS to determine my correct worker status, and Form 8919 with my tax return like someone mentioned above. The IRS ruled I was an employee and my employer got in serious trouble because they had been pocketing the withheld taxes rather than sending them to the IRS! Make sure you keep all your paystubs showing the withholding - that's key evidence. The good news is that the IRS waived all penalties for me since I reported it. The bad news is my employer had to pay significant penalties and back taxes. They actually went out of business a few months later (though they had other financial issues too).
How long did the whole process take from filing the SS-8 to getting a determination? I've heard the IRS is super backed up.
It took about 7 months to get the official determination after filing the SS-8. The IRS is definitely backed up with these cases. The good part was that I didn't have to wait for the determination to file my taxes - I filed Form 8919 with my return and explained the situation. I was able to file my taxes as an employee would (paying only my share of Social Security and Medicare taxes) while the determination was pending. When the official ruling came through, it confirmed I'd filed correctly. If you have solid evidence like paystubs showing withholding, you're in a pretty strong position.
One thing nobody has mentioned - GET A NEW JOB ASAP!!! Any employer pulling this kind of stunt is shady af and probably doing other illegal stuff too. My sister's daycare did the same thing and when the state investigated they found all kinds of violations beyond just the tax fraud.
Laura Lopez
Just wanted to add - if you're using TurboTax, there's a way to double-check if you've accidentally been claiming the home office deduction as a W2 employee. Go to the "Tax Tools" menu, then select "View" and click "1040 View" to see your actual tax forms. Look for Schedule C - if that form shows up but you're not self-employed, that's a red flag that something was entered incorrectly. Also check Schedule A for past returns (pre-2018) to see if you were claiming it as an itemized deduction back then, which would have been correct at that time. The interface changed around 2018-2019 which might explain why people kept entering it the same way without realizing the law changed.
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Victoria Brown
ā¢This is super helpful! I just checked my draft 2024 return and found Schedule C was there even though I'm purely W2. When I dug deeper, turns out I had checked a box about "online selling" because I sold some old furniture on Facebook Marketplace. TurboTax was treating that as self-employment and letting me allocate home office space to that "business." Would this tiny amount of selling stuff online actually qualify for home office?
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Laura Lopez
ā¢For casual selling of personal items like furniture on Facebook Marketplace, that's typically not considered self-employment and wouldn't qualify for home office deduction. The IRS generally views that as selling personal items at a loss (since you're selling used items for less than you paid). For a home office deduction to be valid for self-employment, you need regular and exclusive use of the space for business purposes, and the activity needs to have a profit motive with regular, ongoing activity. Occasional selling of personal items doesn't meet those criteria. You should uncheck that box if you're not actually running a business with intent to make profit.
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Samuel Robinson
Watch out when fixing this in TurboTax! When I realized I'd been incorrectly getting home office deductions as a W2 employee, I went back and changed my filing status but then TurboTax recalculated and suddenly said I owed $3800 more!! Turned out changing that one setting cascaded into other deductions. Anyone else have this happen??
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Camila Castillo
ā¢Same thing happened to me! The home office change affected my total itemized deductions which made them less than the standard deduction, so TurboTax switched me to standard. But then that made some of my state deductions invalid. It was a whole domino effect. Ended up owing about $2450 more than my original calculation.
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