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Pregnant and my employer wants me to file for unemployment while on maternity leave - is this legal?

I'm in a bit of a dilemma with my small workplace (we only have 9 employees total). I'm currently pregnant and due in September. My boss is suggesting that when I go on maternity leave, I should file for unemployment and just state that I'm being "laid off" - without mentioning the pregnancy at all. They've assured me my position will be waiting for me when I return, and they'll give me a return date of December 15th. This seems sketchy to me. The company says they're suggesting this because our business has been down about 30% compared to last year, so they have a legitimate reason to temporarily "lay someone off" if unemployment officials ask questions. I went through something similar with my first child in 2023 - they initially told me to file for unemployment then too, but I was honest about having a baby and got denied. They ended up paying me $400 weekly for the 8 weeks I was gone. My biggest concern is that this feels like unemployment fraud. When I file taxes next year, I'd be showing unemployment benefits during the exact time I had a baby (whom I'll claim as a dependent). A couple friends I've talked to said this is definitely not legal. I really don't want to get my company in trouble as they've been supportive in other ways, but I also don't want to commit fraud. At the same time, I need some income during maternity leave. What should I do? Is what they're suggesting actually legal?

LilMama23

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I'm a manager (not in your company) and what your employer is suggesting is absolutely wrong and illegal. We once had an owner suggest something similar and our entire management team had to step in and explain the serious legal consequences. Here's what your company SHOULD be doing: - Providing FMLA paperwork if they have enough employees to qualify - Looking into short-term disability options - Checking if your state has paid family leave (many do now) - Being honest about what they can and cannot provide Asking you to lie on government forms is never okay, and shows they're trying to exploit the system rather than properly supporting their employees.

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Thank you for this perspective. Could you clarify about the FMLA part? I thought that only applied to companies with 50+ employees, and we only have 9 total. Are there similar protections for smaller businesses?

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LilMama23

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You're absolutely right about FMLA - it only applies to companies with 50+ employees, so your company is too small to be required to provide that protection. I should have been more clear. However, many states have enacted their own family leave laws that extend to smaller businesses. Depending on where you live, there might be state-specific protections even though you're not covered by federal FMLA. For example, some states require even small employers to provide job protection and/or paid leave. That's definitely worth looking into based on your specific location.

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Dmitri Volkov

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Wait, I'm confused about one thing - isn't your employer allowed to lay you off for business reasons? If their business really is down 30%, couldn't they legitimately lay you off and then you'd be eligible for unemployment? Or is it specifically because they're promising to hire you back that makes this fraud?

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The fraud part is the intentional misrepresentation. If they're specifically timing a "layoff" to coincide with maternity leave and have already promised to bring her back at a specific date, that's not a true layoff - it's a planned temporary absence that they're trying to disguise as a layoff to shift costs to the state. A legitimate layoff would be based solely on business needs, not timed specifically to coincide with a planned medical event, and wouldn't come with a guaranteed rehire date.

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US Citizen Investing in Foreign Real Estate - Questions about Partnership Structure for Property in Peru

My wife has Peruvian citizenship (she's also a US citizen now). We live in the States, but her dad still lives in Peru and isn't a US citizen. I'm looking to do a real estate investment project with my buddy (also US citizen) and my father-in-law in Peru. **Our available resources:** -This would be all cash, no loans involved -We have a US bank account for the General Partnership between me and my friend (my wife and her dad aren't named in it) -My wife has her own bank account in Peru -My father-in-law has his own bank account in Peru too **I'm thinking about structuring it like this:** The General Partnership would transfer $330k to my wife's Peruvian bank account My father-in-law is putting down $30k to secure the land while we figure out these details The land would initially be in my wife's name, then she'd transfer the deed to our General Partnership The General Partnership would handle the sale of the property All initial investment + profits would go back to the General Partnership account We'd then need to send $60k back to my father-in-law's account in Peru **One potential issue: my friend can't travel to Peru to sign anything. I'm wondering if I should create a separate LLC with just me as the owner to handle the purchase/sale, then move the money to our partnership afterward for distributing profits and tax purposes.** **My tax concerns:** -What's the proper way to transfer money from the Partnership back to my father-in-law? -If I create this new single-member LLC, will there be tax complications when I pay taxes through that entity AND THEN transfer the profits to the General Partnership? **Final thoughts:** I've tried to focus on the tax aspects here. Happy to provide more details if needed. I'm definitely open to alternative approaches for structuring this transaction. Thanks for any help!

One additional approach to consider: Have you looked into creating a Foreign Disregarded Entity (FDE) in Peru? This could potentially simplify your structure. Rather than having the property go through your wife and then to the partnership, you could have your US partnership own a Peruvian entity directly. This Peruvian entity would be disregarded for US tax purposes but would give you legal standing in Peru. You'd report it on Form 8858 annually, but it might simplify the money flow and eliminate some of the steps you're planning. Just make sure the entity type you choose in Peru qualifies for this treatment under US tax rules.

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That's an interesting approach I hadn't considered. Would this FDE structure eliminate the need for the funds to flow through my wife's account? Also, would my father-in-law's involvement be easier to structure with this approach?

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Yes, with an FDE structure, the funds could flow directly from your US partnership to the Peruvian entity's account without going through your wife's personal account. This creates a cleaner audit trail and likely reduces your FBAR complexity. For your father-in-law's involvement, you have options. He could be a local director or manager of the Peruvian entity (compensated through fees) while not being a US tax partner. Alternatively, he could be a true partner in the US partnership with the foreign withholding requirements that entails. The FDE structure gives you flexibility either way. The biggest advantage is that for US tax purposes, it's as if your partnership owns the property directly, while for Peruvian legal and banking purposes, you have a local entity that can operate more easily.

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Finnegan Gunn

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Has anyone mentioned FIRPTA yet? If you're selling real property in Peru through a US entity, you need to be aware of how that's reported. The sale of foreign real property isn't subject to US FIRPTA withholding itself, but you still need to report the gain/loss correctly. Also, be careful about the classification of your Peruvian property investment. If it's for development (vs just appreciation), it might be considered a Passive Foreign Investment Company (PFIC), which opens up a whole new set of tax nightmares.

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Miguel Harvey

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I thought FIRPTA only applied to foreign persons selling US real property interests, not US persons selling foreign property? OP is a US citizen selling Peruvian property, so I don't think FIRPTA withholding would apply here.

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Another option to consider is the AARP Foundation Tax-Aide program. If you qualify (they primarily serve seniors but also help lower to middle income taxpayers of any age), they'll review your return for FREE. I volunteered with them for years, and we did reviews all the time. The volunteers are IRS-certified and really know their stuff. Check their website to find locations near you and see if you qualify. Their season usually runs February through mid-April.

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Sophia Nguyen

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This sounds like a great option! Do they have income limits for who qualifies? And do they help with state returns as well as federal?

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They prioritize seniors but don't have strict income limits. Generally, they serve people with "low to moderate" income, which in practice can be up to $75,000 for individuals or $100,000 for families, but this varies by location based on the cost of living in your area. They absolutely help with state returns as well as federal. The service is completely free regardless of how complex your return is. Just be aware that during peak season (late March through April 15) the wait times can get long, so going earlier in the season is better if possible.

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Aria Park

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I tried having my self-prepared return reviewed by a local CPA last year, and it was a total waste of $120. She basically skimmed through it for 10 minutes and said "looks good." Didn't find any issues or missed opportunities, and seemed annoyed that I wasn't paying for full preparation. Anyone have tips for finding someone who actually takes the review process seriously? Or specific questions I should ask beforehand to weed out the ones who won't put in effort?

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Noah Ali

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When I was searching for a reviewer, I asked specifically, "What's your process for reviewing a self-prepared return?" The good ones will explain a systematic approach and mention specific areas they focus on. Also ask, "How often do you find missed opportunities on DIY returns?" - the honest ones will have specific examples ready.

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Aria Park

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That's really helpful advice, thanks! I like the idea of asking about their process upfront - that would definitely help identify who's just going to skim it versus who takes the review seriously. I'll definitely try those questions if I decide to get a review again this year. I still feel a bit burned by the experience, but maybe I just chose the wrong professional. I've seen a few recommendations in this thread that seem promising too.

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I've used H&R Block premium for the last 3 years and it's been worth every penny for me. The interface is more intuitive than TurboTax in my opinion, and they have good support. One thing to watch out for with ANY paid service - watch the upsells! They all start advertising audit protection, tax pro review, etc. halfway through, and suddenly your $75 software costs $200+. I usually just get the base premium package and skip the extras.

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Arnav Bengali

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Do you think the H&R Block is better than TurboTax for someone with investment income? I've heard TurboTax handles stocks better.

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In my experience, both handle basic investment income (dividends, capital gains, etc.) equally well. TurboTax might have a slight edge if you have very complex investments like partnership K-1 forms or foreign investments. H&R Block's interface for uploading 1099-B forms is cleaner and shows a better summary view of all your investment transactions. Their cost basis tracking between tax years is also more transparent. If you're dealing with normal stocks and basic investments, I prefer H&R Block, but for really complex situations, TurboTax might have more specialized features.

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Sayid Hassan

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Has anyone used the tax pro review add-on that most of these services offer? It's like an extra $100 but they supposedly have a pro review your return before filing. Wondering if it's just a money grab or actually worth it.

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Rachel Tao

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I used the TurboTax tax pro review last year. The "expert" literally just glanced over my return and said everything looked good. Took them maybe 15 minutes on a video call, and I didn't feel like they caught anything I wouldn't have. Complete waste of money imo.

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Another thing to consider - if your child has earned income, you might want to help them open a Roth IRA! They can contribute the lesser of their earned income or $6,500 (2025 limit). Since your child probably has a low tax rate now, a Roth can be an amazing long-term investment vehicle. I started my daughter on this when she got her first 1099 income at 15, and she's already building a nice nest egg. Just make sure the income is legitimate and documented in case the IRS questions it.

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Admin_Masters

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That's a great idea! I hadn't even thought about retirement accounts. Would we need to wait until after we file taxes to open the Roth IRA, or can we do it now based on the 1099 amount?

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You can open and fund the Roth IRA anytime between January 1, 2025 and the tax filing deadline (usually April 15, 2026) for the 2025 tax year. You don't need to wait until after filing taxes. Remember that the contribution limit is based on earned income after business expenses. So if your teen's net self-employment income ends up being $550 after deducting the computer and software expenses, their maximum Roth contribution would be $550 for the year, not the full $1,400 from the 1099-NEC.

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Mia Alvarez

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Don't forget your kid might need to make quarterly estimated tax payments if they continue this self-employment gig! My son got hit with an underpayment penalty because I didn't realize this applied to him.

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Carter Holmes

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I think there's a safe harbor exception for dependents with small amounts of income? My accountant told me my daughter didn't need to worry about quarterly payments for her babysitting income until it was more substantial.

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