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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.
Have you considered that your refund might be delayed because it's your first time filing? The IRS sometimes puts extra verification steps on first-time filers to prevent fraud. My first return took around 31 days even though it was super simple. Also, pro tip: if you're getting a sizable refund, you might want to adjust your W-4 withholding with your employer. A big refund feels nice, but it basically means you gave the government an interest-free loan of your money all year!
Oh I hadn't thought about being flagged as a first-time filer! That actually makes a lot of sense. 31 days isn't terrible I guess, just longer than that 21 day estimate. What's the best way to adjust withholding? I'd rather have the money throughout the year for sure, but I'm nervous about accidentally owing taxes next year if I mess with my W-4.
The easiest way to adjust your withholding is to fill out a new W-4 form with your employer. The form was redesigned in 2020 to be more straightforward. If you want to be conservative about it, you can start by claiming just a little less withholding and see how it affects your paychecks. The IRS has a Tax Withholding Estimator tool on their website that can help calculate the right amount based on your specific situation. It's better to slightly overwithhold than underwithhold, so you still get a small refund rather than owing money at tax time. Just update your W-4 with your employer's HR department once you figure out the right numbers.
My refund timeline from filing to deposit this year: Filed electronically on Feb 3 Acceptance confirmation Feb 4 Refund approved Feb 14 Deposit hit my account Feb 16 So about 13 days total from filing to money in my account. Not bad!
What tax software did you use? I'm wondering if some get processed faster than others.
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.
Ryder Everingham
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!
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Ella Cofer
ā¢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?
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Ryder Everingham
ā¢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.
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Lilly Curtis
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.
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Leo Simmons
ā¢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!
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