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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.
Something nobody's mentioned yet - if you're self-employed, the SUV choice can affect your self-employment taxes too. If buying means taking a large depreciation deduction upfront, that reduces both income tax AND self-employment tax. With leasing, you're spreading those deductions over time. In my case (plumbing business), I found buying a heavy SUV and taking Section 179 saved me about $4,200 in combined income and SE taxes in year one compared to leasing. But by year 3-5, the lease started looking better because of maintenance costs on the vehicle I owned. Also, don't forget to look at fuel efficiency differences. A gas-guzzling SUV that qualifies for bigger tax breaks might cost you more in the long run than a more efficient one with smaller tax advantages.
Does this calculation change if you have an S-Corp instead of a sole proprietorship? I thought S-Corp owners don't pay SE tax on all business income?
You're right - with an S-Corp the calculation is different because you're only paying SE tax (actually FICA taxes in this case) on your reasonable salary, not on all business profits. In an S-Corp scenario, the depreciation deduction would still reduce your overall business income, but may not have the same SE tax savings as with a sole proprietorship where every dollar of business profit is subject to SE tax. However, you'd still get the income tax savings from the deduction. That's why some tax professionals recommend buying and taking large upfront deductions for sole proprietors, but might have different recommendations for S-Corp owners.
Has anyone here used an electric SUV for business? I'm wondering if the EV tax credits would change this calculation significantly. Like could I get the business vehicle deduction AND the clean vehicle credit?
Yes! I got both for my business Tesla Model Y last year. The clean vehicle credit has some income limitations and vehicle price caps, but if you qualify, it's a straight $7,500 credit on top of your business deductions. The vehicle has to be under $80K for SUVs to qualify. Just remember that the business percentage applies to the depreciation/expenses, but the full clean vehicle credit applies regardless of business use (as long as you qualify based on income, etc).
That's awesome! Do you know if leasing an EV would still qualify for these benefits? I'm not sure I want to buy outright.
Have you considered renting out a room in your new home? That could significantly change your tax situation. I turned my basement into a rental unit and it allows me to deduct a portion of my mortgage interest, property taxes, utilities, insurance, and maintenance costs as rental expenses. You can even depreciate that portion of your property. Just make sure you understand the rules about personal use vs. rental use, and be prepared to keep very detailed records. The IRS is pretty strict about documentation for rental properties.
That's interesting! I do have a finished basement that could potentially work as a rental. Do you have to formally declare it as a rental property or get special permits? And what about the tax implications if it's just a short-term rental (like Airbnb) versus a long-term tenant?
You'll need to check your local zoning laws and HOA rules (if you have one) before renting. Many areas require permits for legal rental units, especially if you're adding a separate kitchen or entrance. Some cities have restrictions on short-term rentals like Airbnb. The tax treatment is somewhat different between short-term and long-term rentals. Short-term rentals (less than 7 days average stay) are treated more like a hotel business than traditional rental property, which affects how you deduct expenses. Long-term rentals are simpler from a tax perspective. Either way, you'll report rental income and expenses on Schedule E. If you rent for 14 days or less per year, you don't have to report the income at all (the "Augusta Rule"), though you also can't claim rental expense deductions.
Don't forget to check if you qualify for the first-time homebuyer credit for your state! The federal one expired years ago, but many states still offer tax benefits for first-time buyers. Also, if you work from home, talk to your employer about a home office stipend instead of the tax deduction. My company gives us $150/month tax-free as a remote work stipend that doesn't show up as income!
I haven't heard about the home office stipend approach. How does that work exactly? Is that something employers commonly offer?
Something important that nobody mentioned yet - check your last paystub from 2023 if you have it. It should show year-to-date earnings and withholdings which will have most of the information you need for filing. Some tax software lets you file with your last paystub if you can't get your W-2. Also, the deadline to file 2023 taxes is April 15, 2024, so you still have time to sort this out!
I think I still have my last paystub somewhere! Would the numbers on it match exactly what would be on my W-2 or are there sometimes differences? And is the tax software option something the IRS accepts as official?
The numbers on your last paystub may be close but not always exactly the same as your W-2. Sometimes there are year-end adjustments or benefits that affect the final numbers. Your paystub should show your gross wages, federal and state tax withholding, and Social Security and Medicare taxes withheld. Most tax software won't let you e-file without actual W-2 information, but you can use your paystub to file a Form 4852 (Substitute for W-2) if you absolutely cannot get your W-2. This is accepted by the IRS, but you should make every effort to get the actual W-2 first as filing with incorrect information could require you to file an amended return later.
quick question - what happens if i dont file? i worked at a restaurant for like 4 months last year but only made maybe $6000 total and they paid me mostly in cash except for the hourly minimum wage part. do i still need to file something?
Yes, you should still file. Even if you made under the filing threshold, you may be entitled to a refund of taxes that were withheld from your paychecks. Also, cash tips are still taxable income that legally needs to be reported.
Ethan Wilson
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.
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NeonNinja
•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?
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Ethan Wilson
•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.
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Yuki Sato
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.
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Carmen Flores
•That's not accurate. If you're owed a refund, there's no penalty for filing late. The IRS only issues failure-to-file penalties when you OWE them money and don't file. They don't penalize people for not claiming money the IRS gets to keep.
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