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11 Don't just look at the refund amount when deciding how to file! A bigger refund might just mean you overpaid taxes throughout the year. What you really want is the lowest total tax liability. My wife and I had a baby last year, and we compared all three options with similar incomes to yours. Filing jointly saved us about $3,200 in total tax compared to filing separately. The tax brackets are wider for joint filers, plus you get a larger standard deduction ($27,700 vs $13,850 each). If you're eligible for the Earned Income Credit with your income levels, you can only get that when filing jointly. Same goes for the full Child Tax Credit and Child and Dependent Care Credit.
22 That's a great point I hadn't considered. So even if I get a smaller refund filing jointly, I might still be paying less taxes overall?
11 Exactly! The refund is just the difference between what you already paid throughout the year and your final tax bill. A smaller refund with a lower total tax bill is better than a bigger refund where you paid more tax overall. For example, if you paid $15,000 in taxes throughout the year and your actual tax bill is $13,000, you'd get a $2,000 refund. But if you paid $10,000 throughout the year and your tax bill is $9,000, you'd only get a $1,000 refund - but you'd have paid $4,000 less in taxes overall ($9,000 vs $13,000)!
19 Just want to add one thing nobody's mentioned - if either of you received advance Child Tax Credit payments last year, that will affect your refund. We had a similar situation with our first baby and were surprised when our refund was smaller than expected because of the advance payments. Also check if you qualify for the Additional Child Tax Credit if the regular Child Tax Credit reduces your tax liability to zero. And don't forget to look into the Child and Dependent Care Credit if you paid for childcare!
14 Do the advance Child Tax Credit payments still exist? I thought those were just a COVID thing and they stopped doing them in 2022?
Just a heads up - if you do file Form SS-8 and the IRS determines you've been misclassified, be prepared for potential fallout with your employer. Some get angry when workers challenge their classification. Make sure you document EVERYTHING about your work arrangement (schedules, texts/emails about attendance requirements, photos of company equipment if possible). In my experience, employers who misclassify workers often have other labor violations happening too. You might want to contact your state's Department of Labor as well, since misclassification usually means you've been denied overtime pay, workers' comp coverage, and unemployment insurance.
Thank you for bringing this up. I'm worried about rocking the boat too much since I need this job right now. Is there a way to file these forms without my employer knowing it was me specifically? Or would they immediately know who reported them?
Unfortunately, the SS-8 process isn't anonymous. When you file Form SS-8, the IRS will contact your employer for their side of the story, so they'll know you initiated the process. Some people wait until they've found a new job before filing. If you're concerned about immediate retaliation but still want to address the issue, you could try having an honest conversation with your employer first. Sometimes misclassification happens due to ignorance rather than malice. You could share information about proper classification guidelines and express your concerns about the self-employment tax burden. Document this conversation in case you need it later as evidence of when you raised the issue.
I was in almost the exact same situation with a cleaning company! The biggest red flag is that they're setting your schedule and telling you when to arrive/leave. I use TurboTax and they have a simple employee vs. contractor questionnaire that helps determine correct classification. Have you tried using any tax software yet?
I've been using H&R Block for years and they have something similar. The questions are pretty straightforward and it becomes really obvious when someone should be an employee vs contractor. With fixed hours, company equipment, and direct supervision, it's clear-cut employee territory.
Don't forget to check if you qualify for the Earned Income Tax Credit! Even in years when you can't claim your child for the child tax credit, you might still qualify for EITC depending on your income level and custody arrangement. Also, make sure you're designating the proper amount to retirement accounts. Contributing to a traditional IRA or 401k can significantly reduce your taxable income.
Can I really qualify for EITC in years when I can't claim my daughter as a dependent? I thought those were directly connected. My income is around $52,000 if that matters.
With an income of $52,000, you wouldn't qualify for EITC without a qualifying child. For 2025, the income limit for EITC without children is much lower (around $17,000 for single filers). Contributing to retirement accounts is still your best bet. If you can max out a traditional 401k ($23,000 in 2025) or contribute to a traditional IRA ($7,000 in 2025), those contributions directly reduce your taxable income. Even putting in a few thousand dollars would substantially decrease your tax bill. Also, if your employer offers any pre-tax benefits like health insurance, FSA, or HSA contributions, those can further reduce your taxable income.
Have you looked into adjusting your withholding for the years when you don't claim your daughter? I'm in a similar situation and found it helps to have different W-4 settings for "on years" and "off years" with my kids.
This is actually really smart advice. I do the same thing - have a different W-4 for years when I claim my kid vs when I don't. Saves me from owing a big amount in my "off" years.
One strategy some cannabis businesses use is separating their operations into multiple entities. For example, having one company that directly handles the cannabis (subject to 280E) and another that handles real estate, equipment, intellectual property, etc. The non-plant-touching business can potentially take normal deductions while charging the cannabis business for services or licenses. This needs to be done very carefully with proper legal and tax advice though - the IRS is well aware of this strategy.
Doesn't the IRS consider this tax evasion? I heard they've been auditing cannabis companies and looking specifically for these kinds of arrangements.
It's not tax evasion if structured properly with legitimate business purposes for each entity, appropriate transfer pricing, and proper documentation. The key is that each business must be a genuine operation with real commercial purpose beyond just tax savings. What the IRS looks for is sham arrangements where the separation is only on paper. You need separate books, bank accounts, operations, employees, etc. It's complex and definitely requires specialized cannabis tax and legal advisors to set up correctly. There have indeed been audits targeting improper versions of this strategy.
Is anyone else getting nervous about these "schedule III" rumors? I'm skeptical anything will actually change after all the false starts. My dispensary has been operating for 3 years and I've just accepted that 280E is the cost of doing business. We focus on maximizing what we include in COGS instead of hoping for federal changes.
It's not just rumors at this point - the DEA formally proposed rescheduling to Schedule III in May. That's significant progress. But you're right to be cautious about timeline expectations. The regulatory process isn't quick. Smart to focus on what you can control with COGS optimization in the meantime.
Ava Williams
Quick tip from someone who's been through the ERTC claim process - make copies of EVERYTHING before you mail it. I mean everything - your 941-X forms, any supporting documentation, even the envelope you're sending it in. Take pictures too. The IRS has been known to lose paperwork, and having proof of exactly what you sent and when can save you major headaches down the road. Use certified mail with return receipt as others suggested. And keep a detailed log of any communications with the IRS including dates, times, and names of representatives you speak with.
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Miguel Castro
ā¢Does it help to send it via Priority Mail or does regular certified mail work fine? Also wondering if I should call the IRS first to verify the correct mailing address for 941-X forms?
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Ava Williams
ā¢Regular certified mail with return receipt is perfectly fine. The key is having that tracking number and delivery confirmation, not the speed of delivery. I wouldn't bother calling the IRS just to verify the address - those addresses are listed in the 941-X instructions and rarely change. Plus, getting through to someone just to ask about an address will be a huge waste of time. Just double-check the address in the most current version of the instructions (available on irs.gov) and you'll be good to go.
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Zainab Ibrahim
I'm confused about something else related to the 941-X. When claiming ERTC, do we need to issue corrected W-2s to employees since we're reducing the wages we previously reported? My payroll company is giving me mixed messages.
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PixelWarrior
ā¢No, you don't need to issue corrected W-2s for ERTC claims. The ERTC doesn't change the wages you paid your employees or what was reported on their W-2s. The credit is based on qualified wages, but claiming it doesn't retroactively reduce the actual wages paid to employees. It's a credit for the employer only. The employees' taxable income and withholding amounts remain the same, so the original W-2s remain correct.
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