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Have you checked your tax transcripts online? Sometimes the error codes make a lot more sense when you can see what the IRS actually has on file compared to what you submitted. You can access them through the IRS website if you create an account. Look at the "Return Transcript" and "Wage and Income Transcript" to compare what was reported to the IRS vs what you filed. Usually the discrepancy jumps right out at you.
I tried to access my transcripts online but got locked out after failing the identity verification. I think this might be related to the name change issue mentioned above. Is there another way to get these transcripts?
You can request transcripts by mail using Form 4506-T if the online system isn't working for you. It takes about 10 business days to arrive, but it's better than nothing. Another option is to visit a local Taxpayer Assistance Center in person - just make sure to schedule an appointment first by calling their appointment line. Bring multiple forms of ID including your Social Security card and they can often help sort out identity verification issues on the spot and get you copies of your transcripts.
Whatever you do, don't ignore these errors! I made that mistake and ended up with penalties and interest. The IRS sent letters that I didn't understand so I put them aside, and it turned into a much bigger headache.
Definitely agree. I worked for the IRS for 7 years and the biggest problems were always from people who ignored the initial notices. The good news is they're usually pretty reasonable about removing penalties if you can show you're actively trying to resolve the issues.
Thanks for confirming that. I wish I'd known sooner! I eventually had to hire a tax professional which cost me $450 to straighten everything out, plus I paid about $300 in penalties that probably could have been avoided.
Just a heads up - if your friend is claimed as a dependent on someone else's return, they won't be eligible for the recovery rebate credit. Make sure to check if anyone (like their parents) claimed them before filing.
Thank you for pointing that out! I should have mentioned - he's definitely not a dependent on anyone else's return. He's 38 and has been living on savings during 2020. I was helping him with paperwork stuff and realized he never got his stimulus payments. I appreciate the advice from everyone!
Glad to hear that! It's just something that trips up a lot of people. Also, make sure your friend keeps a copy of the return and proof of mailing (like a certified mail receipt). The IRS has been really backed up with paper returns, especially for past tax years, so it might take several months for them to process it.
has anyone ever tried filing one of these zero income returns online instead of mailing it in? seems like it would process faster but not sure if the free file options work for prior years?
Make sure you keep track of ALL your expenses during those two weeks! Since they misclassified you, those are potential tax deductions if you end up having to file as self-employed. Track mileage (the IRS rate is like 65.5 cents per mile for 2023), cell phone usage for work, any supplies or materials you bought. Even if you get reclassified as an employee later, having this documentation is super important. I'd suggest creating a spreadsheet with dates, mileage, purpose of trips, and any receipts for work-related expenses. Take photos of receipts before they fade too!
Thanks for the advice on tracking expenses. I've actually been keeping all my gas receipts and noting my mileage in my phone. It was about 480 miles total over the two weeks just for work-related driving. I also had to buy some office supplies they claimed would be provided but weren't. Do you know if I can still claim these deductions if I file the misclassification complaint? I'm worried about doing something wrong on my taxes while this is all getting sorted out.
You can still document all these expenses while your misclassification complaint is pending. The best approach is to keep everything organized as if you will need to file Schedule C (self-employment), but hold off on actually filing until you get a determination on your status. If the IRS rules that you were misclassified as a contractor and should have been an employee, the company will be responsible for their portion of FICA taxes (the employer half of Social Security and Medicare taxes). In that case, you'd file as an employee with a W-2 that the company would be required to provide, and many of those business expenses wouldn't be deductible anymore under current tax law for W-2 employees.
Have you checked if your contract has an arbitration clause? A lot of these shady companies include language that forces you into arbitration instead of court. Read the fine print of anything you signed! Also check if there's a class action against them already - these companies usually do this to lots of people.
Even with arbitration clauses, labor board complaints are still valid in most states! Companies can't contract around labor laws. Had this exact situation and still won my case through the state despite the arbitration clause.
You're absolutely right! I should have been clearer about that. Labor board complaints and tax filings with the IRS are still options regardless of arbitration clauses, as these are government agencies enforcing laws rather than private litigation. What I meant was that if the OP is considering a private lawsuit for things beyond just wage claims (like potential fraud or other civil claims), that's where arbitration clauses can create hurdles. But you're 100% correct that for the core issues of misclassification and wage theft, the state labor board is still a valid path forward regardless of what the contract says.
You might want to look into a Flexible Spending Account (FSA) or Health Savings Account (HSA) if your employer offers them. These let you set aside pre-tax dollars for medical expenses, which could include those modifications. Won't help with what you've already spent, but might be useful going forward for maintenance and future medical costs.
Thanks for bringing up FSA/HSA options - I do have an HSA but haven't been maxing it out. Does anyone know if wheelchair van modifications would qualify for HSA funds? And would this approach be better than trying to claim them as itemized deductions?
Yes, the van modifications would generally qualify for HSA funds since they're considered medical expenses. The advantage of using HSA funds is that you get the tax benefit regardless of whether you itemize deductions or not, and you don't have to meet that 7.5% of AGI threshold that applies to itemized medical deductions. If you have the option, using HSA funds is almost always more advantageous than claiming itemized deductions for the same expenses. The HSA gives you triple tax benefits: tax-free contributions, tax-free growth, and tax-free withdrawals for qualified medical expenses.
My son has cerebral palsy and we went thru this exact situation in 2022. We ended up being able to deduct about $23k for all the modifications, but not the van itself (which was another $42k). Make sure you get VERY detailed invoices that break out every single component of the modifications. Our accountant said that's super important for documentation if you ever get audited.
Totally agree about detailed invoices! We did something similar for my mom, and the modification company just gave us one lump sum initially. We had to go back and ask for an itemized breakdown of every component. Made a huge difference when filing.
That's a great point! Our modification company was pretty good about providing details, but I still had to ask for clarification on a few items. The more specific the better - like having separate line items for the ramp mechanism, the door widening, the specialized restraint system, etc. Our accountant even suggested taking photos of all the modifications as additional documentation.
Kendrick Webb
Don't forget you need to compute your insolvency IMMEDIATELY BEFORE the cancellation of debt. I messed this up the first time. Also make sure you're including ALL assets, even retirement accounts and personal property (car, furniture, etc). And all liabilities too! The IRS has a worksheet in Publication 4681 that's actually pretty helpful for this part.
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Xan Dae
ā¢Thanks, that's helpful! Do you actually submit that insolvency worksheet with your tax return or just keep it for your records? And how detailed do you have to be with listing personal property? Like do I need to estimate the value of my couch and TV separately or just put "household goods: $X amount"?
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Kendrick Webb
ā¢You don't submit the worksheet with your return - it's just for your own records and in case of an audit. But definitely complete it thoroughly and keep it with your tax documents. For personal property, you don't have to be extremely detailed for each individual item. Grouping them makes sense - "household furnishings: $2,000" or "electronics: $1,500" is fine. Just make reasonable estimates of what you could actually sell these items for (garage sale or Craigslist values), not what you paid for them. And yes, definitely include vehicles, jewelry, tools, anything with value. For retirement accounts, only include what you could actually access (minus penalties) if you had to liquidate them at that time.
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Hattie Carson
Does anyone know if credit card debt that was forgiven counts as cancelled debt? I had about $3,500 forgiven through a debt settlement program but never received a 1099-C. Not sure if I need to report it or fill out this form??
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Fiona Gallagher
ā¢Yes, forgiven credit card debt generally counts as cancelled debt and the credit card company should have issued you a 1099-C if it was over $600. If you didn't receive one, they might not have filed it, or it could have been lost in the mail. You're technically supposed to report it as income even without the 1099-C, but you can still claim the insolvency exclusion on Form 982 if you qualify. I'd recommend checking with the debt settlement company to see if a 1099-C was issued. You can also create an account on the IRS website to view all forms that were filed under your SSN.
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