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Anyone else notice how confusing the IRS makes these forms? Like why do we even need Form 8606 for Roth contribution withdrawals when they're not taxable anyway? The whole system feels designed to trip us up!
Have you received any letters from the IRS requesting additional information? Sometimes they need verification for the dependent claims, especially if this is your first year claiming them or if someone else might have also claimed them (like an ex-spouse). Check your mail carefully!
I haven't received any letters yet. I've claimed both kids for the past 3 years, so it's not a new situation. Their mom and I have a formal agreement about who claims which child each year, so there shouldn't be any conflict there. Should I still be checking for mail from the IRS, or would they have contacted me by now if that was the issue?
If you've claimed the same children for multiple years without issues, it's less likely to be a verification problem. However, the IRS sometimes sends letters requesting information 4-6 weeks after filing, so it could still arrive. Mail from the IRS can also sometimes look like regular mail or get lost, so it's always good to check carefully. But honestly, at this point it sounds more like normal processing delays rather than an information request problem. The IRS processing times really have been significantly longer this year for returns with dependents.
Anyone know if the PATH Act is still delaying refunds with child credits? I remember a few years ago they wouldn't issue refunds before mid-February for anyone claiming certain credits.
The PATH Act is still in effect, but since the original poster filed on March 5th, that wouldn't be causing their delay. The PATH Act prevents the IRS from issuing refunds before mid-February for returns claiming EITC or the Additional Child Tax Credit, but once we're past that date, it shouldn't be a factor anymore.
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.
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).
Omar Farouk
I used to work for a payroll company that specialized in nanny taxes. Here's what most people miss: the payroll service is filing forms 941/944 (employer quarterly tax returns) and W-2s under YOUR employer identification number, but those are separate from your personal tax obligations. Schedule H is how you connect those employer tax payments to your personal tax return. Without it, the IRS might think you still owe those taxes! The key thing is that on Schedule H, you'll report the taxes that were already paid through your payroll service so you don't get double-taxed. Check box 8 on Schedule H and the instructions will guide you through reporting amounts already paid.
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Chloe Davis
ā¢Is this still true if the payroll service issued the W-2 under their own EIN rather than one they set up for me? I never got an EIN because the service said they'd handle everything.
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Omar Farouk
ā¢That's an important distinction. If the payroll service is operating as a Professional Employer Organization (PEO) and issued the W-2 under their own EIN, then they're technically the employer of record, not you. In that case, you might not need Schedule H. Check your service agreement carefully and maybe call the service to confirm. Ask specifically if they're acting as a PEO or if they're just processing payments under your name as the employer. If it's the latter and they're using your SSN or an EIN they set up for you, then you still need Schedule H. The documentation from the service should clarify your specific arrangement.
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AstroAlpha
Has anyone used TurboTax to file Schedule H? Does it walk you through this situation when you tell it you have a nanny? I'm using a payroll service too but getting confused about how to report in TurboTax that the taxes are already paid.
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Diego Chavez
ā¢I used TurboTax last year with a similar setup. It actually handles this pretty well! When you indicate you have household employees, it asks if you used a payroll service. Then it specifically guides you through Schedule H and asks for the amounts already paid. The key is to have your year-end summary from your payroll service ready - you'll need the total wages paid and taxes already remitted.
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