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I've been a nanny for over 10 years and I can tell you that legitimate nannies PREFER to be W-2 employees! When families try to 1099 me, I explain that it's misclassification and actually costs me more in taxes (self-employment tax is 15.3% vs the 7.65% that each party pays for regular employment). Plus, as a W-2 employee I get unemployment protection, verifiable income for apartments/car loans, and proper Social Security credits. Being paid properly also means I'm covered by workers' comp if I get injured on the job. The families who do it right are the ones who keep great nannies long-term!
Do you ever help families set up the payroll stuff? My nanny keeps saying she wants to be "on the books" but neither of us know where to start.
I don't personally set it up for families, but I do point them toward resources. Many use household payroll services like HomePay, SurePayroll, or Poppins Payroll that specialize in nanny taxes. They handle all the paperwork, tax withholding, and filings for around $40-60/month. I also recommend they check the IRS Publication 926 (Household Employer's Tax Guide) which explains everything. Most families find that once they have a system set up, it's pretty easy to maintain and gives everyone peace of mind.
Just a quick tip - don't overlook state requirements too! Federal is just part of it. Depending on your state, you might also need: 1. State unemployment insurance account 2. Workers' compensation insurance 3. State-specific new hire reporting 4. Paid sick leave compliance We found this out the hard way after getting everything set up federally then realizing we had state obligations too.
One thing to consider: while the 199A section isn't technically required for C-Corp partners, some tax software will generate errors or warnings if those fields are left blank. In our practice, we sometimes just put zeros in those fields to avoid the software throwing validation errors during e-filing. It's annoying but sometimes easier than fighting with the software.
That's a great point about the tax software! Which software are you using that gives you trouble with blank 199A sections? I'm using ProSeries right now.
I've had this issue with both UltraTax and Lacerte in previous years. ProSeries is actually a bit better about this particular situation, but you might still get a "soft" warning that you can override. For ProSeries specifically, you can usually bypass these warnings without entering zeros, but I've found that checking the box that says "QBI Not Applicable" in the 199A section often prevents the warnings altogether. The software is getting better each year at recognizing these situations, but it's still not perfect.
Just my 2 cents from experience: Always check the instructions for Form 1065 for the current tax year. The IRS occasionally updates requirements and what wasn't required last year might be required this year. For tax year 2022, page 39 of the instructions specifically stated that if all partners are C corporations, you can skip most of Section 199A, but you still had to check a box indicating this situation applies. Haven't seen the 2023 instructions yet.
Just to add another perspective - I had a similar situation but with even larger losses (about $42,000 from some terrible stock picks in 2023). My accountant explained it like this: 1. First, use your capital loss carryover to offset ANY capital gains in the current year (unlimited amount) 2. Then, you can use up to $3,000 of remaining losses to offset ordinary income 3. Any unused losses get carried forward to future years This is actually a really important distinction because many people think the $3,000 is the total you can use each year, which isn't correct. If you have $10,000 in capital gains this year, you could potentially use $13,000 of your carryover ($10,000 for the gains plus $3,000 against ordinary income).
Does the ordering matter? Like what if I have both short-term and long-term losses carried over, and both short-term and long-term gains this year? Is there a specific way these have to be applied?
Yes, the ordering definitely matters because it can affect your tax rate. The IRS has specific rules for how losses and gains are netted against each other. First, short-term losses offset short-term gains, and long-term losses offset long-term gains. Then, if you have net losses in one category and net gains in the other, those net figures are used to offset each other. This is important because short-term gains are taxed at your ordinary income rate, while long-term gains get preferential tax rates.
Quick question - if i understand right, I can only carry over losses if I report them in the year they happen right? I had some stocks that tanked in 2023 but I didnt sell them until this year (2024) so I get the loss for 2024 taxes not 2023?
You're absolutely right. You have to actually sell the investment (realize the loss) to claim it on your taxes. Holding onto stocks that have gone down in value doesn't create a tax loss you can claim - it's only when you sell them that the loss becomes "realized" and can be used on your tax return.
Thanks for confirming! That explains why I couldn't find any loss carryover from last year. At least i'll be able to use this year's losses to offset the gains I had earlier in the year, plus the $3000 against regular income.
Just adding another perspective - I worked for a tax preparation company that specialized in international students. The $680 refund is actually pretty typical for F1/J1 students who worked summer jobs. As someone mentioned, you're exempt from FICA taxes (Social Security and Medicare), which is about 7.65% of your earnings. If you worked and made around $8-10k over the summer, getting $680 back is totally reasonable. Many companies do receive the refund directly and then distribute it to you minus their fee (which should have been disclosed upfront).
Thanks for the insight! I did make around $8,900 over the summer, so that percentage makes sense. Do you think sharing my bank info with them is safe? That's my main concern honestly.
Sharing your bank info with a legitimate tax service is generally safe. They're handling millions of transactions and have security protocols in place. Account and routing numbers are actually printed on every check you write, so they're not your most sensitive financial information. That said, only provide this info through their secure portal, never via email or text. And if you're still uncomfortable, you can absolutely request a paper check instead as someone suggested earlier. It'll take longer but might give you more peace of mind. Most reputable companies offer both options.
Make sure the company isn't charging you a "refund transfer fee" or similar! Many tax prep companies targeting international students charge extra fees for "processing" your refund that aren't mentioned upfront. I got charged $40 just to receive my own money!
Natalie Wang
Have you considered filing for an Offer in Compromise (OIC)? With that amount of debt and if your financial situation truly doesn't allow you to pay it all, the IRS might accept a settlement for less than the full amount. You'll need to complete Form 656 and Form 433-A (or 433-B for businesses). The success rate isn't super high, but if you can demonstrate that you'll never reasonably be able to pay the full amount, it's worth trying. I had a client with $120k in tax debt get it settled for about $30k through this process. Just make sure all your documentation is thorough.
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Caden Nguyen
ā¢I've heard about OIC but wasn't sure if I'd qualify. Do they look at your assets too? I own my house with some equity in it and have a couple of vehicles. Would that disqualify me?
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Natalie Wang
ā¢Yes, they absolutely look at your assets. The IRS typically expects you to liquidate or borrow against assets with equity before they'll approve an OIC. They calculate your "reasonable collection potential" based on your income, expenses, and asset equity. For your home, they'll consider the quick sale value (usually 80% of market value) minus any mortgages and exemption amounts. For vehicles, they'll look at equity beyond what's needed for basic transportation. Having assets with equity doesn't automatically disqualify you, but you'll need to account for that equity in your offer amount.
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Noah Torres
Has anyone tried doing a partial pay installment agreement? I heard its easier to qualify for than an OIC but still lets you pay less than the full amount?
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Samantha Hall
ā¢I got a Partial Payment Installment Agreement (PPIA) last year. It's definitely easier than OIC but still required full financial disclosure with Form 433-F. The key difference is that with PPIA, you make payments based on what you can afford until the collection statute expires (usually 10 years from assessment). After that, the remaining balance is forgiven.
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