Thanks for bringing this up! We do have our own EIN that we got when we first hired our nanny. HP has been using that for all the filings and payments. So if I understand correctly, I should still file Schedule H on our personal return, but make sure to include our EIN on it so the IRS can connect the dots with the payments we've already made?

Yes, exactly! Since you have your own EIN and the payments were made under that number, you should definitely file Schedule H with your personal return and include that same EIN on the form. This will help the IRS match up the payments you've already made through EFTPS with your personal tax return. You should also contact HP and tell them to stop filing 940/941 forms going forward, since Schedule H is the proper way to report household employment taxes. They can still calculate your nanny taxes and make payments through EFTPS using your EIN, but the formal reporting should be done through Schedule H on your personal return.

It won't necessarily trigger an audit, but it could cause confusion at the IRS that might lead to notices being sent to you. The issue is that you'd be reporting the same employment taxes in two different ways. The best approach is to contact your payroll provider immediately and have them stop filing the 940/941 forms if they've been doing so. Then file your personal return with Schedule H. For any quarters where 940/941 forms were already filed for 2024, you should make sure the Schedule H reflects those payments were already made. This is definitely a situation where getting professional tax advice specific to your situation would be worthwhile to avoid future complications.

That's a really interesting point I hadn't considered. Do you think reporting them could cause problems for us though? We're more concerned about getting our taxes right than getting the company in trouble. Would filing that SS-8 form someone mentioned above trigger some kind of audit or investigation?

Filing an SS-8 does alert the IRS to potential misclassification, which could trigger them to look at the company's practices. However, this wouldn't cause problems for you - in fact, it could work in your favor. If the IRS determines your wife should have been classified as an employee, you would only be responsible for the employee portion of FICA taxes (7.65%) rather than the full self-employment tax (15.3%). The process is designed to protect workers, not penalize them. You can file the SS-8 and still go ahead with filing your taxes using Schedule C in the meantime. If the determination later comes back in your favor, you can file an amended return. Many companies incorrectly classify workers because they don't understand the rules or they're trying to save money. The determination process is one way the IRS educates employers and protects workers from bearing tax burdens that should be the employer's responsibility.

You definitely need TurboTax Self-Employed for any 1099-NEC income. The Deluxe version won't let you file Schedule C which is required for reporting self-employment income. Learned this the hard way last year and had to upgrade midway through filing.

That's really helpful to know! Do you happen to remember what that special rule for the Earned Income Credit was called? I'd like to look it up so I can mention it specifically when I talk to another tax preparer.

The special rule relates to disability benefits that are taxable in the year you reach minimum retirement age. If you receive disability benefits from an employer plan and report them as wages, those can count as earned income for the EITC until you reach minimum retirement age. It's in IRS Publication 596 under "Disability Benefits and the EIC." The exact wording gets technical, but basically, if you're getting taxable disability benefits and haven't reached retirement age, you might qualify. It made a huge difference for my sister's refund.

I used FreeTaxUSA last year with SSDI and a dependent. It worked well and asked all the right questions about my disability income and how it was reported. They had specific sections for disability benefits and walked through all the potential credits. Don't use the totally free version though - spend the extra $7 or whatever for the deluxe version which gives you better support for credits and deductions. Saved me way more than that $7 in the end.

Thanks for the recommendation! I'll check out FreeTaxUSA. The $7 upgrade sounds worth it if it helps find all the credits. Did they handle state taxes well too or just federal?

9 months?! That's insane. Do you think there's anything that can be done to speed up the process? I was really hoping to get this refund before summer.

Unfortunately there's not much you can do to speed it up. International tax treaty claims get additional scrutiny because they're considered more complex. You can check the status of your amended return on the IRS "Where's My Amended Return" tool, but it just gives basic tracking info. If it's been more than 16 weeks since you filed, you can call and ask about the status, but they'll usually just tell you it's "in process." If you absolutely need the money sooner, you could look into getting a Tax Refund Advance loan from some tax preparation companies, but those usually have fees attached.

This is really important advice. I'd recommend looking at IRS Publication 901 (U.S. Tax Treaties) which breaks down the common provisions by country. The India-US treaty has specific provisions for students, teachers, and various types of income that all have different requirements.

I amended a return through TurboTax last year. If you used TurboTax for your original 2021 return, it's pretty straightforward - you can access your old return and make the amendment. If you used a different service originally, it gets more complicated. For something this specific, might be worth talking to a pro.