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Your relative is definitely taking advantage of you, but there are some practical considerations here too. If you suddenly file taxes and report this income, it could trigger an audit for your relative's business. That might be warranted, but consider if you're financially and emotionally prepared for the fallout. A middle ground approach might be: 1. Start fresh this tax year - insist on proper employment status moving forward 2. Gradually address the past years if needed 3. Consider consulting with a tax professional who specializes in small businesses The dependent claim is definitely incorrect based on your income. Even if you did qualify as a dependent by living with them and having them provide housing/food, your income is still taxable to you, not them.
That middle ground approach sounds reasonable. I really don't want to blow up my family relationships, but I also can't continue like this. Do you think it would be reasonable to ask my relative to start properly employing me going forward, but not worry about the past years? Or am I legally obligated to correct previous years too?
You technically have a legal obligation to file taxes for all years where your income exceeded the filing threshold. However, from a practical standpoint, many people focus on moving forward correctly while addressing past issues gradually. The IRS generally looks more favorably on taxpayers who voluntarily come into compliance before being caught. If you decide to start filing properly from this point forward, you reduce additional non-compliance issues. Then you might consider filing amended returns for the previous three years (that's typically how far back the IRS looks unless they suspect fraud).
Something important nobody's mentioned: Your relative is committing workers' compensation fraud. If you got seriously injured on the job, you'd have zero protection. No medical coverage, no disability payments, nothing. They're saving a ton of money by not paying workers' comp insurance premiums. Also, what state are you in? Some states have much stricter penalties for worker misclassification than others. California, for example, has been cracking down hard on these arrangements.
This is so true. My cousin worked under the table for years at a construction job. He fell off a roof and broke his back. No workers' comp, no disability, nothing. His boss completely abandoned him and he ended up on Medicaid with no income. It's been 5 years and he's still fighting for any kind of compensation while being permanently disabled. Don't wait until something happens!
Everyone's focusing on fixing the withholding, which is important, but there's also an easy workaround if the employer continues to be difficult. Your coworker can just make quarterly estimated tax payments directly to the IRS using Form 1040-ES. This way, they're covered even if payroll never fixes the issue. They can calculate roughly what they should be paying each quarter based on their income and filing status. It's a bit more work, but it ensures they won't face penalties next April for underpayment.
Isn't doing quarterly payments a lot of extra work though? And how would someone even figure out how much to pay? I feel like making the employer fix their mistake is better than creating more work for the employee.
It's actually not too complicated. The IRS has worksheets on the 1040-ES form that help calculate the proper amount. Basically, you estimate your annual income, determine your expected tax, and divide by four. I agree the employer should fix the issue - that's definitely the right long-term solution. But quarterly payments are a good backup plan if the employer continues to drag their feet. It gives the employee protection from underpayment penalties while they fight the larger battle. Better to be proactive than end up with a huge tax bill and penalties next year.
This happened to me! Turns out the issue was that when ADP set up my profile, they accidentally checked a box marking me as "exempt" from federal withholding. No matter what I put on my W-4, nothing was being withheld. Have your coworker specifically ask if they've been marked as exempt in the system. Sometimes it's just a simple checkbox that got clicked during setup and no one notices it.
Has anyone tried requesting a First Time Penalty Abatement? I've heard that if you've filed and paid on time for the last 3 years, the IRS will sometimes remove penalties (but not interest) as a one-time courtesy, even if you don't have a reasonable cause.
I did this last year! Had a $3400 tax bill with about $400 in penalties. Called the IRS, mentioned "First Time Penalty Abatement" specifically, and they checked my history. Since I had a clean record for the previous 3 years, they approved it on the spot. Still had to pay the tax and interest, but getting the penalties removed helped a lot. Definitely worth asking for!
Thanks for sharing your experience! That's really encouraging to hear. Did you have to fill out any specific forms or did you just request it verbally over the phone? I've been a good taxpayer for years and this is my first time owing, so hopefully they'll do the same for me. I'll definitely make sure to specifically mention "First Time Penalty Abatement" when I call. Did they give you any pushback or was it a pretty straightforward process?
One thing nobody has mentioned is that you should file your return on time even if you can't pay what you owe!! The failure-to-file penalty is 5% per month (up to 25%) which is WAY higher than the failure-to-pay penalty (0.5% per month up to 25%). So file on time, pay what you can, and then set up a payment plan for the rest.
OMG this!!! I made this mistake last year and got HAMMERED with the failure-to-file penalty. Ended up owing like 20% more just because I was scared to file without having the money to pay. Worst decision ever. File on time people, even if you can't pay a dime!
Don't forget to set aside money for self-employment tax!! This catches so many first-time sellers off guard. You'll owe about 15.3% on your net profit for social security and medicare taxes, ON TOP OF regular income tax.
This is really important! I got hit with a surprise $400 tax bill my first year selling online because I didn't know about self-employment tax. Even small businesses have to pay it.
If you're feeling overwhelmed, the IRS has a special small business tax center with guides specifically for self-employed people: https://www.irs.gov/businesses/small-businesses-self-employed Also check if your state has sales tax requirements for online sellers. Some states require you to collect and remit sales tax even for small amounts of sales.
CosmicCruiser
Pro tip: If you're getting rejected for specific forms, you can still e-file the rest of your return now and then file an amended return later to add those forms once the IRS is ready to process them. That way you at least get most of your refund sooner. I did this last year when my education credits were causing a delay. Filed without them initially, got most of my refund within 2 weeks, then amended once the IRS systems were ready for the education forms. The amendment took longer to process, but at least I had most of my money right away.
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Anastasia Fedorov
β’Doesn't filing an amended return increase your chances of getting audited though? I've always heard you should avoid amendments if possible.
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CosmicCruiser
β’That's actually a common misconception. Filing an amended return doesn't automatically increase your audit risk. The IRS understands that people need to make corrections or additions to their returns for legitimate reasons. What increases audit risk is when the amendment drastically changes your tax situation or seems inconsistent with your original return. In this case, adding education credits later is a common and understandable amendment that wouldn't raise any red flags.
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Sean Doyle
Does anyone know if these IRS processing delays also affect state tax returns? I e-filed both federal and state together through FreeTaxUSA, and my state return was accepted but federal was rejected with the same "not ready to process" message.
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Zara Rashid
β’In my experience, state returns are processed independently from federal returns, even if you file them together. Each state has its own processing system. That's why your state return was accepted while federal was rejected.
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