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One thing nobody's mentioned - make sure to keep detailed notes about EVERYTHING related to how they controlled your work. Write down dates, times, names of supervisors, specific instructions you were given, etc. If possible, save any emails or texts with instructions. I filed an SS-8 last year for a similar situation (event staff misclassified as contractors) and the more specific examples of employer control I could provide, the stronger my case was. The IRS specifically asked for examples of how my schedule and work methods were dictated.

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Thanks for this advice. I do have some text messages from the production coordinator with specific reporting instructions and break schedules. Should I include screenshots of these with my SS-8 filing? And did you end up saving much on your taxes after going through the process?

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Yes, definitely include screenshots of those text messages! They're perfect evidence of the control factor. Anything showing they dictated when and how you performed the work strengthens your case dramatically. As for tax savings, it wasn't huge for me since it was just a few days of work, but I saved about 7.65% on those earnings (the employer half of FICA taxes). The bigger impact was that the company got flagged for a broader employment tax review, which potentially helps all the other misclassified workers too.

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Dont bother with the SS-8 for such a small amount IMO. I filled one out 2 years ago for a $1200 job and still havent heard anything back. Complete waste of time for small amounts, the IRS is so backlogged they prob wont even look at it for years.

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That hasn't been my experience at all! I filed one for a $750 job last year and got a determination in about 4 months. I think it depends on how clear-cut the situation is. My case had obvious employee factors like required uniforms, equipment provided, and scheduled hours - sounds similar to the OP's situation.

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Aaron Boston

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Your RSA treatment depends on exactly when you recognized ordinary income. If your RSA was subject to vesting, you would've paid ordinary income tax at the time of vesting, establishing your cost basis. If the acquisition accelerated vesting, that complicates things. Check your 2021-2023 W-2s for Box 14 which might list the RSA income. That amount is your cost basis. The difference between that and your acquisition payout is your capital gain. In my experience, the missing cost basis is the most common issue with equity comp in tax software. You'll need to manually adjust this in TurboTax.

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Thanks for explaining this! I just checked my W-2 from 2021 and sure enough, there is an amount listed in Box 14 that matches when the RSA vested. So if I understand correctly, I should use that as my cost basis when entering this into TurboTax?

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Aaron Boston

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Yes, that amount in Box 14 is exactly what you should use as your cost basis. Enter that into TurboTax when it asks for the adjusted basis. This will reduce your capital gain to just the appreciation that occurred between vesting and acquisition. Regarding the 20% rate, once you enter this correct basis, check your total income. If your modified AGI exceeds $200,000 (single) or $250,000 (married filing jointly), you're subject to the additional 3.8% Net Investment Income Tax on top of the 15% long-term capital gains rate, effectively making it 18.8%, which TurboTax might round to 20%.

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I had a similar issue with RSAs at my last company. Make sure to check Form 8949 in TurboTax. If the cost basis wasnt reported to the IRS (box A unchecked on your 1099-B), you need to select "adjustment" and enter code B for "basis reported to the IRS is incorrect." Then manually enter your correct basis from your W-2 when the RSA vested. This is super common with employer equity and most people overpay taxes because they dont adjust it!!

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Chloe Zhang

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I agree with this! Same thing happened to me last year and I ended up amending my return after I realized I'd overpaid. The adjustment codes on Form 8949 are crucial for equity compensation.

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Turbotax live tax "experts" gave me completely contradicting advice - waste of money

I just wasted $89 on the Turbotax live help feature and I'm beyond frustrated. My wife and I are filing jointly - nothing fancy, no business income - but I had a few situations this year that I thought their "experts" could help with. Big mistake. I spoke with THREE different so-called tax experts who couldn't give straight answers to any of my questions. They just rambled in circles and when I finally pinned them down for actual answers, each one contradicted the others! I honestly would've gotten better advice from a random internet search. Here's what I was dealing with: 1. Our homebuilder had to delay our closing by 3 months, forcing us to extend our apartment lease. The builder sent us a $4,000 check to cover those extra months of rent. I simply wanted to know if this payment was taxable income. After endless rambling, I finally got them to answer - two said "yes report it" and one said "no don't report it." Super helpful, right? I ended up reporting it to be safe. 2. I over-contributed to my 401k this year (went over the limit by about $800) because I switched employers and my second company's system didn't catch it. My 401k provider sent me a refund check for the excess. I just needed to know how to handle this in Turbotax. None of them knew! I eventually found the answer buried in some Turbotax forum post. 3. I received a 1099-R for the first time because I rolled over my old 401k to my new employer's plan. Simple question: is this rollover taxable? They were completely clueless - one actually started reading the definition of a 1099-R from Google while I waited! I've used Turbotax for 8 years and the software itself is fine, but their "expert" help option is a complete ripoff. Save your money and just use the regular version or even try ChatGPT for basic tax questions - you'll get better answers than from these so-called professionals.

I've used TurboTax for years but this is exactly why I stopped paying for their "expert" help. Last year I asked three different questions and got contradicting answers to all of them. Seems like they just hire seasonal workers with minimal training and call them experts. For the 401k overcontribution question, here's what worked for me: Enter the returned amount as "Other Income" and in the description write "Returned excess 401k contribution." That way it's properly taxed (since you got the tax benefit when contributing) but doesn't get double-taxed later.

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Does that also work for returned excess Roth IRA contributions? I contributed too much last year and my provider sent me a check, but I'm not sure if it's handled the same way since Roth contributions are post-tax.

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For excess Roth IRA contributions that are returned, you generally don't report the principal amount as income (since you already paid tax on it), but you do need to report any earnings on that excess contribution as income in the year you receive the distribution. When you get the distribution, your IRA provider should send you a 1099-R that breaks down how much was principal and how much was earnings. In TurboTax, you'll enter the 1099-R and indicate it was a returned excess contribution, and it should handle the calculations correctly.

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Has anyone tried using H&R Block instead? I'm contemplating switching from TurboTax after similar frustrating experiences with their "experts.

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I switched to H&R Block online last year after 5 years with TurboTax. Their interface is slightly less polished but I found their help resources more accurate. The big difference was when I called their support line - I got someone who actually knew what they were talking about and gave me a clear answer about how to handle a 1099-MISC for a one-time consulting gig.

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Zara Ahmed

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A warning about the free file program - make sure you go through the IRS website first! If you go directly to TurboTax or H&R Block sites, they often hide the free options and try to upsell you. I made that mistake last year and ended up paying $89 when I qualified for free. ALWAYS start at IRS.gov/freefile to access the truly free versions.

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Is there any difference in features between the free file versions and the paid ones? I'm worried the free ones might be missing important forms or checks that could save me money.

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Zara Ahmed

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For basic to moderate tax situations, the free versions have all the essential forms and features you need. The paid versions often add extras like audit support, tax advice hotlines, or more hand-holding for complex situations. The main forms and calculations are identical though - the IRS math is the same regardless of which version you use. Sometimes the paid versions just make certain things more convenient or provide extra peace of mind. But for most people, the free file versions work perfectly fine.

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Nia Thompson

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Does anyone know when exactly the Free File will open for 2025? My company usually sends W-2s in early January and I like to file asap to get my refund.

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The IRS Free File program typically opens in mid-January. For 2025 (filing 2024 taxes), they've announced it should be available starting January 15th. However, even if you file early, the IRS won't begin processing returns until late January or early February.

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Does anyone know if TurboTax handles this calculation correctly? Will it figure out if I need to pay taxes on my state refund based on whether I itemized last year? I'm not sure if I itemized or not but I just don't want to make a mistake.

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Yes, TurboTax will ask if you itemized last year and will calculate the taxable portion of your state refund correctly. It actually imports your previous year's info if you used TurboTax last year too, so it knows automatically. I've been using it for years and it handles this situation well.

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Thank you for confirming! That's a relief. I wasn't sure if it would automatically know or if I needed to figure it out myself. I'll just make sure I have last year's return handy when I do my taxes this weekend.

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PSA: You might not have to pay tax on the FULL state refund amount, even if you itemized! There's a worksheet in the 1099-G instructions that helps you calculate the taxable portion. In my case, only about 70% of my refund was actually taxable.

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This worksheet is so confusing though!! I tried to use it and got completely lost. Does anyone know if there's a simpler explanation somewhere?

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I agree the worksheet is pretty confusing. The basic idea is that you're only taxed on the portion of your refund that actually gave you a tax benefit in the previous year. If your itemized deductions were just barely more than the standard deduction, then only a portion of your state tax deduction actually benefited you, so only part of the refund is taxable. But if your itemized deductions exceeded the standard deduction by more than your state tax payments, then the whole refund would be taxable.

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