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I used to work for a payroll company that specialized in nanny taxes. Here's what most people miss: the payroll service is filing forms 941/944 (employer quarterly tax returns) and W-2s under YOUR employer identification number, but those are separate from your personal tax obligations. Schedule H is how you connect those employer tax payments to your personal tax return. Without it, the IRS might think you still owe those taxes! The key thing is that on Schedule H, you'll report the taxes that were already paid through your payroll service so you don't get double-taxed. Check box 8 on Schedule H and the instructions will guide you through reporting amounts already paid.
Is this still true if the payroll service issued the W-2 under their own EIN rather than one they set up for me? I never got an EIN because the service said they'd handle everything.
That's an important distinction. If the payroll service is operating as a Professional Employer Organization (PEO) and issued the W-2 under their own EIN, then they're technically the employer of record, not you. In that case, you might not need Schedule H. Check your service agreement carefully and maybe call the service to confirm. Ask specifically if they're acting as a PEO or if they're just processing payments under your name as the employer. If it's the latter and they're using your SSN or an EIN they set up for you, then you still need Schedule H. The documentation from the service should clarify your specific arrangement.
Has anyone used TurboTax to file Schedule H? Does it walk you through this situation when you tell it you have a nanny? I'm using a payroll service too but getting confused about how to report in TurboTax that the taxes are already paid.
I used TurboTax last year with a similar setup. It actually handles this pretty well! When you indicate you have household employees, it asks if you used a payroll service. Then it specifically guides you through Schedule H and asks for the amounts already paid. The key is to have your year-end summary from your payroll service ready - you'll need the total wages paid and taxes already remitted.
Has anyone tried incorporating as a single-member LLC and then having their employer contract with their LLC instead of being a W-2 employee? My tax guy suggested this as a workaround for my construction tools, but it sounds complicated.
I tried that route last year. It's not as simple as it sounds. Your employer has to be willing to treat you as a contractor rather than an employee, which many won't do because of the legal distinctions. If they're controlling when and how you work, the IRS could still consider you an employee regardless of the LLC. Plus, you lose benefits, unemployment insurance, and have to pay self-employment tax. The tool deductions weren't worth all the downsides for me.
That's really helpful insight. My employer has been pushing back on the idea anyway, saying something about worker classification issues. From what you're describing, it sounds like it might create more problems than it solves. I might just need to negotiate a higher base pay instead to offset these expenses.
Check if your state still allows these deductions! Federal eliminated them but I found out NJ still lets me deduct unreimbursed employee expenses on my state return. Saved me about $420 last year!
California allows them too! I was able to deduct my tools on my state return even though I couldn't on federal. It's not as good as the federal deduction used to be, but at least it's something. Worth checking your state's rules.
Make sure to request an Account Transcript from the IRS for the year they claim you have a debt. You can get this online at IRS.gov/transcripts. This will show any assessments, penalties, or adjustments they've made. Also, if this debt is from many years ago, there's a chance it could be outside the collection statute of limitations (usually 10 years). If that's the case, you might be able to get your refund back.
How exactly do I read these transcripts? I just downloaded mine and it's full of codes and dates that make absolutely no sense to me. How do I find what year the debt is from?
Tax transcripts can definitely be confusing! Look for transaction codes (TC) like "420" which means an audit adjustment, "300" series codes which are related to additional assessments, or "480" which indicates an adjustment due to examination. The date listed next to these codes shows when the adjustment was made. The cycle date (usually formatted like 20231405) tells you the processing year and week. You'll also want to look for any codes in the "500" series which indicate that collection activity has occurred.
This happened to me last year! Check if the debt might be something completely unrelated to taxes. The Treasury Offset Program doesn't just collect for IRS - they also collect for student loans, child support, state taxes, etc. In my case, they took my federal refund for an unpaid state tax bill I didn't know about (moved states and mail forwarding expired). Might be worth checking with your state tax agency too.
Yep, happened to me too but with student loans. The worst part was that I thought I was current on payments, but apparently one payment hadn't processed correctly months earlier, which snowballed into a "delinquent" status. Always check your credit report too - sometimes these things show up there before you get official notices.
I've been through this exact situation with my college student! From my experience, the key factor is which parent the college student returns to during breaks. If he spends more time at your ex's house during summer and holidays, the IRS would likely still consider your ex the custodial parent. Since you're paying 100% of the educational expenses, the fairest solution would be to ask your ex to sign Form 8332. But if he refuses, you might want to look into the American Opportunity Tax Credit instead - sometimes the parent who pays the expenses can claim the education credits even if they can't claim the dependent.
That's really helpful info about the education credits! Would claiming the American Opportunity Tax Credit require any cooperation from my ex-husband, or could I do that independently since I'm paying all the college costs?
You can claim the American Opportunity Tax Credit independently since you're paying the education expenses, even if you can't claim your son as a dependent. You'll need to use Form 8863 to claim the credit. The credit can be worth up to $2,500 per eligible student, which might actually be more valuable than the dependent exemption itself. You'll need to have the 1098-T form from the college showing tuition paid, and keep records of your payments for other qualified expenses like books and required supplies.
Watch out for FAFSA implications! If you're trying to get dependency for FAFSA purposes, the FAFSA rules are completely different from IRS rules. For FAFSA, if you're the noncustodial parent, your income generally isn't considered for financial aid calculations regardless of who claims the student on taxes. But this is changing with the new simplified FAFSA for 2025-2026. They're now asking which parent provides more financial support rather than which parent the student lives with.
This is correct about the FAFSA changes. I work in college financial aid, and the new FAFSA is focusing on the "provider of more financial support" rather than the residency test. Since you're paying 100% of education costs, you'd likely be considered the supporting parent under the new rules.
StarSailor
Don't forget that you also need to provide copies of these 1099-NECs to your contractors by January 31, 2025! That deadline is separate from the IRS filing deadline. I learned this the hard way last year and had some very unhappy contractors calling me in February. For the contractor copies, you'll give them Copy B (the one that says "For Recipient"). These don't go to the IRS. You can mail these directly to your contractors, or if you have their email, many tax software programs let you send them electronically, which is much easier.
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Giovanni Conti
β’Thanks for the reminder about the Jan 31 deadline! I almost forgot about sending the copies to contractors. Do you know if I email them the forms instead of mailing physical copies, is there any specific format requirement? Like does it need to be a password-protected PDF or anything?
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StarSailor
β’If you email the forms, they should be in a secure format since they contain sensitive information like SSNs or EINs. A password-protected PDF is definitely recommended. Some tax software will handle this automatically and send secure links to contractors. You also need to get consent from contractors before sending their tax forms electronically - this can be as simple as an email where they agree to receive their tax forms by email rather than postal mail. Keep those consent emails in your records in case the IRS ever questions your distribution method.
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Connor O'Brien
Another option to consider is filing electronically through the IRS FIRE system (Filing Information Returns Electronically). I switched to this last year for our 30+ contractors. There's a bit of a learning curve and you have to apply for a Transmitter Control Code first, but once set up, it's much easier than paper filing. Plus electronic filing gives you until March 31st instead of February 28th for the IRS deadline (though you still have to get forms to contractors by Jan 31).
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Yara Sabbagh
β’I tried the FIRE system last year and it was such a headache. The interface feels like it's from 1995 and the whole process was confusing. Maybe it's better now but I found the third-party software options way easier to use.
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