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Former tax preparer here - just want to add that using Form 8919 is pretty straightforward, but make sure you keep good documentation of why you believe you were misclassified. The key factors for attorneys specifically are: - Did the firm control which clients you worked with? - Did they review and approve your work? - Did they set your hours or require you to work in their office? - Did they provide equipment, software, staff support? If most of these are "yes" then you were almost certainly an employee, not a contractor, regardless of the billable hour payment structure. I've seen many law firms incorrectly classify new associates to avoid payroll taxes.
Thanks for this specific breakdown! Yes to all of those questions - they assigned clients, partners reviewed everything before it went out, I had set office hours (9-6 generally), and they provided everything including legal research software and admin support. Sounds like Form 8919 is definitely the right approach here.
You're welcome! With all those factors, you're clearly describing an employee relationship, not an independent contractor situation. Form 8919 is absolutely the right approach. Just one more tip - in Section 3 of the form where it asks for the reason code, use code G since you received both a 1099 and W-2 from the same firm in the same year. This is a textbook example of when to use that code. And keep copies of any firm policies, emails about work requirements, etc. that demonstrate the control they had over your work, just in case questions come up later.
Has anyone used TurboTax to file Form 8919? I'm in a similar situation (web developer with both 1099 and W-2 from same company) and wondering if the software handles this correctly or if I need to go to a professional?
Yes, TurboTax does support Form 8919! I used it last year for this exact situation. When you enter your 1099-MISC, it will ask a series of questions about your working relationship with the payer. Answer those honestly, and if it determines you were misclassified, it will guide you to Form 8919 instead of Schedule C/SE. One tip though - make sure you're using at least TurboTax Deluxe. The free version doesn't support this form.
Something nobody has mentioned yet - have you checked if your college expenses even qualify? For Form 8815, qualified expenses include tuition and fees required for enrollment. But if you received tax-free educational assistance (like scholarships or employer assistance), you have to reduce your qualified expenses by that amount. Also, room and board don't count as qualified expenses for the savings bond interest exclusion, which is different from some other education tax benefits. So even if you figure out the ownership issue, make sure your expenses actually qualify before going through the trouble.
Thanks for bringing this up! My qualified expenses should be enough since my tuition and required fees were about $18,000 this year, and I only received a $5,000 scholarship. The bond interest I'm trying to exclude is around $2,400. I wasn't counting room and board - good to know that's excluded for this benefit. Does it matter if some of the qualified expenses were paid from a 529 plan? Or does that create another reduction?
Yes, expenses paid with 529 plan distributions would reduce your qualified education expenses for the savings bond interest exclusion. The IRS doesn't allow "double-dipping" of tax benefits. So if you used $8,000 from a 529 plan to pay for some of that $18,000 in tuition and fees, and received a $5,000 scholarship, your remaining qualified expenses for Form 8815 would be reduced to $5,000 ($18,000 - $5,000 - $8,000). That would limit how much bond interest you could exclude.
Hey does anyone know if theres a time limit for using the bonds for education? Like if the bonds were issued in 2010 but I'm using them for college now in 2025, does that still work for Form 8815? Or is there some kinda window I had to use them in?
There's no time limit between when the bonds were issued and when you use them for education. As long as you cash the bonds and pay the qualified education expenses in the same tax year, you can potentially claim the exclusion (assuming you meet all the other requirements about ownership, income limits, etc.). So 2010 bonds used for 2025 education expenses could qualify. Just remember both actions (redeeming the bonds and paying the expenses) need to happen in the same tax year.
3 For what it's worth, when I applied for FAFSA last year, they only asked for my most recent tax year. But they do have a verification process where they sometimes randomly select people to provide more documentation. If you get selected and have unfiled returns, it could potentially delay your financial aid. The safest approach is to file everything, but if money is tight, focus on years where you might have actually owed taxes (like if you had self-employment income or did gig work).
1 How can I tell which years I might have owed taxes without actually filing? My situation was pretty simple - just W-2 income with standard tax withholding, but I honestly don't remember the details from 5+ years ago.
3 You can request a "Wage and Income Transcript" from the IRS which shows all reported income for a specific year. This will show your W-2s, 1099s, and other income documents that were filed. If you only had W-2 income with standard withholding, you may not owe anything, but you'd need to run the numbers to be sure. Another option is to request an "Account Transcript" which will show if the IRS has already created a substitute return for you and assessed any taxes. This can give you a clearer picture of which years need attention first.
13 As someone who works in financial aid at a university, I can tell you that FAFSA primarily looks at your most recent completed tax year for eligibility (which would be 2023 taxes for the 2025-2026 academic year). However, if there are discrepancies or red flags in your application, they may request additional information. Having unfiled taxes from previous years doesn't automatically disqualify you from aid, but it can complicate the verification process if you're selected. The bigger issue might be if you owe back taxes that result in a tax lien, as that can impact your credit which may affect certain types of educational loans.
1 That's really helpful, thank you! So it sounds like for FAFSA purposes I'm probably okay since I've filed 2021-2023, but I should still consider filing the older years to avoid any potential issues with the IRS down the road. Do you know if scholarships or grants ever look at tax compliance?
13 Most federal and institutional scholarships and grants follow FAFSA guidelines, so they primarily care about your current financial situation rather than past tax compliance. However, some private scholarships may have their own requirements, and occasionally they do perform background checks that could potentially flag tax issues. The bigger concern is indeed potential issues with the IRS. Even if you don't owe money, having unfiled returns can create problems years later - especially when you reach important financial milestones like buying a home, starting a business, or applying for certain jobs. It's generally best to clean up tax issues while they're relatively recent and documentation is easier to obtain.
Quick question about FL filing requirements - are you sure you need to file Florida corporate returns? I thought if your corporation was under a certain income threshold, you might be exempt? Not trying to give advice, just wondering because I'm in a similar position with a small C corp.
Florida requires C corporations that are doing business in Florida to file Form F-1120 (Florida Corporate Income Tax Return) regardless of whether they have any tax liability. Even if your corporation falls below the income threshold where you'd owe tax, you typically still need to file the return. There is an exception for corporations not doing business in Florida and corporations that have no income reportable to Florida. So it depends on where your C corporation is operating and generating income. Florida does have filing exemptions for certain entities like S corporations and certain non-profits, but standard C corporations generally need to file.
One thing to consider - if you owe taxes for those unfiled years, you might want to look into the IRS Fresh Start program. I was in a similar situation with unfiled returns and substantial tax debt, and qualified for an installment agreement with some penalties reduced. Don't let fear of penalties prevent you from filing. The penalties for not filing are much worse than the penalties for filing late. And remember that the failure-to-file penalty stops accruing once you file, even if you can't pay right away. Also, be sure to e-file your current year (2023) return on time while you're catching up on past years. You don't want to fall further behind.
Giovanni Marino
I'm going through the same thing but with eBay sales. Just curious - for those who have filed amended returns for this kind of situation, how long did it take the IRS to process it? I've heard horror stories about amendments taking 6+ months.
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Carmen Sanchez
ā¢Super curious about this too. The IRS letter says I need to respond within 30 days, but I'm worried about what happens if the amendment takes months to process. Do they put collections on hold the whole time?
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Andre Dupont
ā¢Amended returns are currently taking 4-6 months to process, sometimes longer depending on complexity. The key is to respond to the notice within the 30-day deadline, explaining that you're filing an amended return to correct the issue. When you respond, include a clear explanation of why you believe the tax assessment is incorrect (gross vs net income) and state that you're preparing an amended return. This formal response will typically pause immediate collection actions. If you can speak with an IRS representative directly, they can often place a more specific hold on your account while the amendment processes.
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Fatima Al-Sayed
Does anyone know if you need to file state tax amendments too when dealing with this? My state sent me a similar notice after the IRS contacted them.
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Zoe Papadakis
ā¢Yes, typically you'll need to file amended state returns too. Most states automatically get notified of federal adjustments and will adjust your state tax liability accordingly. Better to be proactive and file the state amendment rather than waiting for them to come after you too.
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