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You might not even need to amend if it's under the table work. I did landscaping for cash one summer and my tax guy said not to worry about it since it was just a small amount. The IRS isn't going to come after you for a grand and change.
This is terrible advice. The IRS expects ALL income to be reported regardless of amount or whether you received a form. Intentionally not reporting income is tax evasion. The penalties for getting caught are way worse than just paying the tax you owe now.
That's just what my tax preparer told me. I'm not saying it's for everyone. Obviously if you're worried about it, go ahead and report it. I'm just saying from a practical standpoint, the IRS isn't conducting audits over small amounts especially when there's no paper trail. They focus their limited resources on bigger fish. But everyone should make their own decision based on their comfort level with risk.
Has your friend ever reported paying you on his business taxes? If he deducted your pay as a business expense, there's a mismatch that could trigger questions. If he didn't report paying you either, you're probably safer, but it's still technically income that should be reported.
I honestly have no idea what he did with his business taxes. We haven't really talked much since I stopped helping out. I'm guessing he probably didn't report it since he specifically mentioned it was "under the table" when I asked about tax forms.
The friend could also get in trouble for not properly classifying workers and paying employment taxes. So many small business owners don't realize they can't just pay people cash without consequences. They need to either treat them as employees and withhold taxes or properly document independent contractors with 1099s.
Don't forget about QBI (Qualified Business Income) deduction with your 1099 income! This can be up to 20% of your net business income that you get to deduct right off the top. That alone could make the 1099 option significantly better financially. Also, if you go 1099, strongly consider a Solo 401k instead of a SEP IRA. The contribution limits are the same on the employer side, but Solo 401k also allows employee contributions up to $23,000 (2025) plus catch-up if you're over 50. Way more tax-advantaged savings potential.
Can you still do a Solo 401k if you have another W2 job with a 401k already? I thought there were limits to how much you could contribute across all your accounts.
You can absolutely have both a Solo 401k and an employer 401k, but you're right that there are some limitations. The $23,000 employee contribution limit (for 2025) applies across ALL your 401k accounts combined. So if you've already maxed out your employer 401k, you can't make additional employee contributions to your Solo 401k. However, the employer contribution portion of your Solo 401k is completely separate and not affected by your W2 job's 401k. You can still contribute up to 25% of your net self-employment income as the "employer" portion to your Solo 401k, even if you've maxed out your other 401k.
Don't make the same mistake I did! I chose the W2 option last year thinking it was "safer" and ended up leaving a ton of money on the table. The lack of deductions as a W2 employee meant my effective tax rate was much higher than it would have been as a 1099. If you're disciplined with tracking expenses and setting aside money for taxes, the 1099 route is usually better financially. Just make sure you're putting away at least 25-30% of each payment for taxes. I use Quickbooks Self-Employed to automatically track expenses and calculate quarterly estimated taxes.
Just wanted to share our experience with this exact situation. We have a cleaning business with several employees who didn't have documentation. Here's what worked: 1) We helped each person file a tax return reporting their actual income from past work (estimated as accurately as possible) as self-employment income 2) We included the W-7 ITIN application with certified copies of their ID documents 3) While waiting for ITINs, we set up proper payroll accounting with placeholders 4) Once ITINs arrived, we updated our payroll system The biggest mistake people make is rushing and using fake numbers. Taking the 7-8 weeks to do it right is SO much better than the alternative. Our accountant nearly had a heart attack when he saw how we'd been handling things before!
Did you have any issues with the I-9 process though? An ITIN doesn't provide work authorization, so I'm curious how you handled the employment eligibility verification requirement.
That's a completely separate issue from tax compliance, and you're right to bring it up. Getting an ITIN only addresses the tax identification requirement, not work authorization. For employment eligibility, each business has to determine their own approach based on their understanding of applicable laws. Some of our workers were able to adjust their status through various programs and eventually obtained work authorization. Others transitioned to providing services through their own small businesses where they had multiple clients (not just us).
Has anyone tried applying for ITINs using the Acceptance Agent program instead of sending documents directly to the IRS? I've heard it can be faster since they can verify original documents locally instead of sending them in.
Yes! We used a Certified Acceptance Agent for our farm workers' ITIN applications and it was much smoother. The agent verified their original identification documents on the spot, so they didn't have to mail in passports or birth certificates. The processing time was about 5 weeks instead of the usual 7-9 weeks when submitting directly to the IRS. The agent also helped make sure the tax returns filed with the applications were properly prepared, which prevented delays from errors. It cost a bit more but was totally worth it for the faster processing and reduced headaches.
Hey OP, don't feel too bad - I completely missed filing for 2020 too because of covid chaos. If its any consolation, the IRS actually keeps the money for 7 years in there system even tho you cant claim the refund after 3 years. They use it to offset government spending. I saw an article that said the IRS keeps about $1 billion a year in unclaimed refunds. The whole system seems designed to make us miss deadlines tbh.
Thanks for that, though it makes me feel even worse knowing they're just sitting on my money! Do you know if they at least apply the unclaimed refunds to the federal deficit, or does it just go into some general fund?
It goes into the general Treasury fund from what I understand. So technically it's reducing the deficit by contributing to general government revenue, but it's not specifically earmarked for debt reduction. The whole situation definitely sucks. If it makes you feel any better, you're far from alone - the IRS reports that they have billions in unclaimed refunds every three-year deadline. The system absolutely doesn't make it easy for people.
Everyone's focused on the refund deadline, but you should still file the 2020 return even if you can't get the money back! If you don't file, the IRS could potentially come after you later. Even though you were owed a refund, not filing at all could theoretically lead to failure-to-file penalties if they ever audit you for some reason.
StarGazer101
Just to add another perspective - you mentioned inheriting shares in a business. If that business is a partnership or S corporation, you should definitely be receiving a K-1. However, if it's a C corporation, you would receive a Form 1099-DIV for any dividends paid to you instead of a K-1. Worth checking what type of business entity your uncle's company is structured as - that determines what forms you'll receive. Either way, as others mentioned, the business sends the forms to you, not the other way around.
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NightOwl42
ā¢This is really helpful! I just checked and it's definitely an S-corporation, so sounds like I should be expecting a K-1. Any idea when they typically send these out? The business manager is kind of disorganized and I'm worried they might miss sending it to me.
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StarGazer101
ā¢S-corporations must file their tax returns (including all K-1s) by March 15th, unless they file for an extension. So you should receive your K-1 by mid-March in most cases. However, many smaller businesses do get extensions, which can push the deadline to September 15th. If you're concerned about the manager being disorganized, I'd recommend reaching out to them directly in early March to remind them that you'll need your K-1 for your personal tax filing. You can always file an extension for your personal return if you don't receive the K-1 in time, but it's better to be proactive and make sure they have your current address and contact information.
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Keisha Jackson
Something nobody mentioned yet - if you don't receive your K-1 by tax time, you can file for an extension on your personal return using Form 4868. This gives you until October 15 to file your complete return. Just remember that the extension only gives you extra time to file, not extra time to pay, so you'll need to estimate any taxes due and pay them by the regular April deadline to avoid penalties.
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Paolo Romano
ā¢Be careful with estimating though! If you underestimate by too much, you'll still get hit with underpayment penalties. I learned this the hard way last year with my first K-1 situation.
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