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What you're describing is textbook tax fraud if they're withholding taxes but not remitting them. Here's what I would do: 1. Email the owner outlining EVERYTHING you've discovered. Be factual, not accusatory. Say something like "I've noticed we don't have a state tax ID and our withholding taxes don't appear to be remitted. Can you clarify our process?" Save this email forever. 2. Start looking for another job immediately. When the audit eventually happens (and it WILL happen), you don't want to be there. 3. File Form 3949-A (tax fraud whistleblower form) with the IRS. You might even be eligible for a whistleblower reward if they collect significant taxes. The misclassification of employees as contractors is the cherry on top. This place sounds like a ticking time bomb.
Is there any protection for whistleblowers in cases like this? I'm worried the owner would know exactly who reported him.
The IRS treats whistleblower reports as confidential and won't disclose your identity during their investigation. That said, if you're in a small business where you're the only one who knows certain details, the owner might figure it out anyway. That's why I suggested documenting your concerns in an email first and looking for another job before filing. This creates both a paper trail showing you tried to address it internally and gives you an exit strategy. The Form 3949-A can be filed anonymously if you want, though providing your contact info can help if they need clarification on anything.
The most urgent issue is misclassification. The IRS is really cracking down on this lately. I accidentally misclassified one employee at my small business and ended up with a $17,400 penalty plus back taxes. Someone advised me to file SS-8 forms for the misclassified workers. Can anyone explain if that's something the manager should do or only the workers themselves?
Form SS-8 (Determination of Worker Status) can be filed by either the worker or the business, but in practice, it's usually filed by workers who believe they've been misclassified. As a manager without ownership, I wouldn't recommend you file these on behalf of others. If workers file SS-8 forms and the IRS determines they were misclassified, the business will need to pay both the employer and employee portions of FICA taxes (the employees can file Form 8919 to only pay their portion of FICA instead of self-employment tax).
Your friend is experiencing a classic case of what we call "shadow living" in financial counseling. The anxiety and fear creates more problems than the original debt. I've worked with many clients in similar situations. The first step is determining if the debt is still legally collectible. As others mentioned, the IRS generally has 10 years to collect from the assessment date. If your friend hasn't been filing taxes or responding to notices, there's a chance the clock has been running this whole time. One important caution: make sure your friend doesn't suddenly file past-due returns without understanding the implications. Filing can sometimes "restart" certain collection timeframes. This is why getting professional advice is crucial. Also, has your friend checked their credit report? Sometimes you can see if there are active tax liens, which would indicate the debt is still being pursued. This might give them a starting point without directly contacting the IRS.
We actually checked their credit report last week and there's nothing on it about tax liens. Does that mean the debt might be too old to collect? They haven't had any credit cards or loans during this period either, so the report is basically empty.
That's actually a potentially good sign. The IRS stopped putting tax liens on credit reports for the most part after 2018, but if this debt was active and being pursued aggressively before then, you might have expected to see something. The empty credit report aligns with their "off the grid" lifestyle, which ironically might have worked in their favor regarding the statute of limitations. However, this is still not conclusive evidence - they need to get their tax transcripts to know for certain what debts might still be collectible.
Has your friend considered bankruptcy as an option? Some older tax debts can be discharged in bankruptcy if they meet certain criteria: - The taxes are income taxes - The due date for filing the tax return was at least 3 years ago - The tax return was filed at least 2 years ago - The tax assessment was made at least 240 days ago - The taxpayer didn't commit fraud or willful evasion With a 20-year-old tax debt, many of these criteria might already be met. Chapter 7 bankruptcy could potentially wipe out qualifying tax debts completely. Or Chapter 13 could set up an affordable payment plan.
This isn't entirely accurate. If they haven't filed returns for those years, they won't meet the "return filed at least 2 years ago" requirement. The IRS also sometimes files "Substitute for Returns" which don't count as taxpayer-filed returns for bankruptcy purposes. They would need to file proper returns first.
You're absolutely right about the return filing requirement - I should have been more clear. If your friend hasn't filed returns for those tax years, they would need to file them first and then wait two years before the taxes would be eligible for discharge in bankruptcy. The Substitute for Return point is also important. If the IRS filed these on your friend's behalf, they don't count toward making the tax dischargeable - your friend would need to file their own returns to replace these.
For what it's worth, I used Liberty Tax last year and they gave me a $50 Amazon gift card as a new customer bonus. The preparation was fine - nothing special but they didn't mess anything up. Total cost was around $220 for a fairly simple return. I think most of these places have similar "new customer" deals if you look around.
$220 for a simple return?? That seems really expensive. Was that including state filing too?
Yes, that included both federal and state filing fees. You're right that it's not cheap - and honestly that's why I'm not going back this year. The $50 gift card was nice but when I looked at the total cost, I realized I could have done it myself for much less. I'm using one of the self-prep software options this year since my tax situation hasn't changed much. The "bonus" isn't worth the extra fees when you do the math.
Pro tip: If you made under $73k last year, you can file for FREE through the IRS Free File program. Most people don't know about this! Go directly through the IRS website to find the participating providers. Much better than paying for tax prep just to get a small bonus!
Regardless of which software you use, I'd strongly recommend keeping your own separate records of all transactions. I've used TokenTax, CoinTracker, and ZenLedger over the past few years, and all of them made different mistakes. The worst part is when the API connections to exchanges suddenly break mid-year and you end up with incomplete data. I now download CSV reports from each exchange quarterly just to be safe. Also take screenshots of any unusual transactions. For short sales specifically, I had to manually adjust every single one last year. No software got them right.
Do you use a specific spreadsheet template for tracking? I'm wondering if I should just give up on software entirely and track everything manually from the start.
I created my own spreadsheet that specifically labels transaction types (buy, sell, short open, short close, staking reward, etc.) and calculates gains according to the actual tax rules. It was time-consuming to set up initially, but saves me headaches during tax season. I don't recommend giving up on software entirely though. I use it as a starting point and to catch transactions I might have missed, then reconcile with my own records and make manual adjustments where needed. The software is also helpful for generating the final tax forms.
Has anyone tried just using mark-to-market accounting even though it's not technically the required method for crypto? I'm a trader and use mark-to-market for my securities, and I've been treating crypto the same way for simplicity.
Be careful with that approach. Unless you've made a formal mark-to-market election that covers your crypto trading (which is questionable since crypto isn't technically a security), you're supposed to track each transaction individually. The IRS has been increasingly focused on crypto compliance, and using an unauthorized accounting method could create problems if you're audited. They've specifically stated that cryptocurrency should be treated as property, subject to capital gains rules with specific lot identification.
Emma Taylor
Just want to add - make sure you're actually itemizing deductions before worrying about this! With the standard deduction being $13,850 for single filers and $27,700 for married filing jointly in 2023, many people don't even reach the threshold where itemizing makes sense. Unless your total itemizable deductions (mortgage interest, state/local taxes up to $10k, medical expenses over 7.5% of AGI, AND charitable donations combined) exceed the standard deduction amount, tracking these donations won't actually save you anything on taxes.
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Yara Abboud
ā¢That's a really good point I hadn't considered. Do you know if these church donations would still "count" somehow even if I take the standard deduction? I'm nowhere near the itemizing threshold since I rent my home and don't have many other deductions.
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Emma Taylor
ā¢Unfortunately, if you take the standard deduction, you can't also claim charitable donations. That's one of the trade-offs - it's either the standard deduction OR itemizing all your qualifying expenses (including charitable donations). There was a temporary exception during COVID where people could deduct some charitable contributions even with the standard deduction (up to $300 for individuals or $600 for married filing jointly), but that provision expired after the 2021 tax year. For 2023 and 2024, we're back to the normal rules where charitable donations only help you tax-wise if you're itemizing.
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Malik Robinson
Don't forget that if your total noncash donations exceed $500 for the year, you need to complete Form 8283. And if any single item (or group of similar items) is worth more than $5,000, you typically need a qualified appraisal! Don't think that applies to your situation with the toys and gift cards, but good to keep in mind.
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Isabella Silva
ā¢Is that $500 threshold per charity or total for all charities combined? I donated clothes to Goodwill ($300ish), toys to a church program ($200), and furniture to a homeless shelter ($400) last year.
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