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One thing nobody's mentioned yet - your coworker needs to be careful about state residency too, not just federal. New York is particularly aggressive about claiming tax residency. Since they were in NY for 6 months, NY will almost certainly consider them a statutory resident and try to tax their worldwide income. I learned this the hard way after working in Singapore for 7 months but maintaining my NY apartment. Even though I qualified for the Foreign Earned Income Exclusion federally, NY state still wanted taxes on my Singapore income!
Oh wow, I hadn't even thought about the state tax implications. Do you know if there's any way around this? Would it help if they established residency in another state before going to Pakistan next time?
Yes, establishing residency in a no-income-tax state before leaving for an international assignment can help. States like Florida, Texas, Nevada, etc. would be options. They would need to genuinely establish residency though - driver's license, voter registration, bank accounts, etc. For the current situation, they should look closely at NY's 183-day rule. If they were physically present in NY for fewer than 183 days and don't maintain a permanent abode there, they might have an argument against NY residency. However, with 6 months (approximately 180-183 days), they're right on the edge. Documentation of exact days in and out of NY will be critical.
Has anyone mentioned Form 8833? For treaty positions like this, you might need to disclose the specific tax treaty provisions you're relying on using this form. I got hit with a penalty last year because I claimed a treaty benefit but didn't file the proper disclosure form.
Another approach that worked for me with multiple 8949 transactions: I used tax software (TurboTax in my case) to generate the forms and then just printed them out to send with my CP2000 response. The software handled the pagination and totals automatically. If you've already done your taxes for that year, you might be able to just go back and add the missing transactions, then print the corrected forms.
Did you have to file an amended return (1040-X) along with the 8949 forms when responding to the CP2000? I'm confused about whether I need to redo my whole tax return or just submit the missing forms.
You generally don't need to file a 1040-X when responding to a CP2000 notice. The CP2000 is just a proposed adjustment, not a final determination. You only need to submit the missing or corrected forms (in this case Form 8949 and Schedule D) along with your response to the notice. The IRS will recalculate your tax based on the information you provide. If they accept your explanation and documentation, they'll either send you a corrected CP2000 or a "no change" letter. Only if you discover additional issues not related to what the CP2000 mentions would you need to file an amended return separately.
Just to clarify something that confused me with crypto reporting - make sure you're checking the right box on Form 8949. For crypto: If your exchange provided a 1099-B with basis reported to the IRS: Box A (short-term) or D (long-term) If your exchange provided a 1099-B but basis NOT reported: Box B (short-term) or E (long-term) If NO 1099-B was provided (most common for crypto): Box C (short-term) or F (long-term) Getting this wrong was why I had to redo my forms when responding to my CP2000.
Wait this is really helpful. I got a 1099-K from my exchange, not a 1099-B. Which box would I check then? Does that count as "not reported to the IRS"?
If you received a 1099-K, then your basis wasn't reported to the IRS. A 1099-K only shows the gross proceeds (total amount of sales) but doesn't include your cost basis information. In this case, you would check Box C for short-term transactions or Box F for long-term transactions since basis was not reported to the IRS. And you'll need to be extra careful to document your cost basis for each transaction, as that's what the IRS is likely questioning on your CP2000 notice.
Just a heads up - if you made over $400 in self-employment income, you definitely need to file. Don't ignore it like I did my first year doing surveys and side gigs! I ended up having to file three years of back taxes and pay penalties. For record keeping, what worked for me was creating a free account on Wave (it's accounting software). I just entered all my survey payments as they came in. For surveys, you're basically a contractor, so they don't send you tax forms unless you make over $600 from a single company. As for the referral bonuses, yes, those count as taxable income too. The small amount your mom sends doesn't count if they're truly gifts and not payment for services. One thing I learned is that you can deduct 50% of your self-employment tax on your return, which helps a bit!
Is Wave better than just using a spreadsheet? I'm doing rideshare and food delivery and trying to track everything but getting overwhelmed.
I find Wave much better than spreadsheets for a few reasons. It automatically creates the right categories for taxes, connects to your bank account to import transactions (so you don't have to manually enter everything), and generates reports you can use for tax filing. The learning curve is pretty minimal compared to spreadsheets where you have to create your own formulas and categories. Plus, it's specifically designed for small businesses and self-employed people, so it knows what information you need for taxes. The basic version is free, which is all I need for my side gig income tracking.
Something nobody mentioned yet - if this is your first year filing, you might qualify for free tax preparation help through VITA (Volunteer Income Tax Assistance). They help people who make under $57,000 fill out their tax returns for free. Look up "VITA site near me" and you can find locations. They have trained volunteers who can help with your exact situation. Much less stressful than trying to figure it all out yourself!
That sounds really helpful! Do they help with the self-employment forms too? I've heard those are more complicated than regular W-2 employment.
Another thing to consider is that if you don't amend and the IRS notices the discrepancy (which they probably will since they get copies of those forms), they might send you a CP2000 notice. That's basically them saying "hey we think you underreported income" and they'll calculate what they think you owe. Usually their calculation doesn't include all the deductions you might be entitled to, so you often end up owing more than if you had just amended yourself. Plus, depending on timing, there could be penalties and interest.
Does the CP2000 notice count as an audit? I'm always terrified of anything that might trigger the IRS to look more deeply at my returns.
No, a CP2000 notice isn't technically an audit. It's classified as an "automated adjustment" where their computer systems have detected a mismatch between income reported to them versus what's on your return. It doesn't involve the detailed examination of your entire tax situation that a true audit would include. That said, how you respond to a CP2000 could potentially lead to further review if there are significant issues or discrepancies in your explanation.
Another option is using Free File Fillable Forms if you're comfortable with the tax forms. It's free and you can file your 1040-X electronically now. I had to amend last year cause I forgot a 1099 from a side gig and it wasn't nearly as painful as I expected!
is there a benefit to e-filing the amendment vs mailing it in? I thought amendments had to be on paper
Natasha Ivanova
Just wanted to add - if you're using TurboTax, make sure you get the right version. The basic/free version doesn't support Schedule C. You'll need Self-Employed or possibly Home & Business. FreeTaxUSA handles Schedule C in their Deluxe version which is WAY cheaper than TurboTax tho. Also, make sure you're tracking all your business miles if you drive to different job sites for your renovation work! That adds up to a big deduction.
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NebulaNomad
ā¢Is there a good app you recommend for tracking business miles? I always forget to log them and probably lost out on hundreds in deductions last year.
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Natasha Ivanova
ā¢I use MileIQ and it's been super helpful. It automatically tracks when you're driving and then you just swipe right for business trips and left for personal. Takes like 2 seconds per trip. Stride is another good one that's free, but I find it misses some trips since you have to manually start tracking. Either way, the standard mileage deduction is 65.5 cents per mile for 2023, so it adds up crazy fast especially for renovation work where you're going to different job sites!
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Javier Garcia
Anyone else notice their tax software always suggests amending previous years' returns? I used H&R Block last year for my cleaning business and it kept suggesting I amend 2022 to claim missed deductions. Is this just a way to charge more fees or actually worth looking into?
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Emma Taylor
ā¢In my experience it's worth checking! I amended my 2022 return after ignoring that message for months and got an additional $1200 refund. I had missed some legit business expenses my first year. Different software sometimes finds different deductions.
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