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Employee incorrectly given 1099-NEC instead of W-2 - filing SS-8 and 8919 forms

So I've been helping my wife with her taxes this year and we just realized her employer has been treating her as an independent contractor when she clearly isn't one. She got a 1099-NEC instead of a W-2 which is totally wrong based on everything I've researched. Looking at the IRS guidelines, she's definitely an employee: her boss controls when and how she works, she uses the company's equipment, they set her pay rate, and they're super specific about how everything needs to be done. The few times she's had to use her own stuff for work, they've reimbursed her way more than necessary. We're planning to file Form SS-8 to get a determination from the IRS about her proper classification, then wait a day and file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" since she shouldn't be paying self-employment taxes. What's confusing me is whether we need to file the 1099-NEC along with Form 8919, and which reason code to use on the 8919. Anyone dealt with this misclassification issue before? Really appreciate any advice!

Has your wife tried talking to her employer directly about this before filing the SS-8? Some companies genuinely don't understand the classification rules and might fix it voluntarily if approached. I was misclassified a few years ago, and when I explained the issue to my boss with some printouts from the IRS website, they actually reclassified me and issued a W-2 instead. Saved a lot of hassle with forms and waiting for IRS determinations.

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This is terrible advice. Most employers know exactly what they're doing - saving themselves the employer portion of payroll taxes and avoiding labor laws. Approaching them directly just gives them a heads up that you're onto them and time to prepare a defense or even fire you.

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You're absolutely right to file the SS-8 and 8919 forms - this is exactly the situation they're designed for. Based on what you've described about your wife's work arrangement, she clearly meets the common law test for employee status. A few key points to keep in mind: 1. You'll report the 1099-NEC income on your return, but the Form 8919 will calculate the correct employee share of Social Security and Medicare taxes (7.65% instead of the full 15.3% self-employment tax). 2. For the reason code on Form 8919, use code G since you're filing the SS-8 first and waiting for determination. 3. Make sure to keep copies of everything and consider certified mail for the SS-8 filing to have proof of submission. 4. The SS-8 process typically takes 3-6 months, but filing the 8919 with your current return protects you from overpaying taxes while you wait. The fact that she has an employee handbook to follow while being classified as a contractor is particularly strong evidence in your favor. Good luck with the process!

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No 1095-A form for tax filing? How do I proceed when Marketplace confirms I never had coverage?

I'm completely stuck with my tax return situation. It got rejected because apparently I need a 1095-A form, but here's the problem - I never actually had insurance through the Marketplace! I started an application with them last year but never completed the enrollment process or got any coverage. I called the Marketplace directly and they confirmed what I already knew - I don't have insurance through them and there's no Form 1095-A for me. They said I shouldn't need one since I never had their coverage. When I tried calling the IRS about this rejection issue, it's been a complete nightmare. Every time I get through, they tell me I need to call back and restart the whole process. They keep saying "don't repeat what you said before" but never actually tell me what information I should provide! I'm going in circles. Does anyone know how to resolve this? How can I get my return accepted without a 1095-A when I literally don't have one because I never had Marketplace insurance? Any help would be seriously appreciated!

I went through almost the exact same situation last year! The key is to carefully review every single health insurance question in your tax software. What likely happened is that somewhere in the process, you accidentally indicated that you either: 1. Had Marketplace coverage 2. Received advance premium tax credits 3. Expected to receive a 1095-A form Even if you think you answered everything correctly, go back through each healthcare-related screen one by one. Sometimes the software auto-fills answers based on previous responses, or there might be a confusing question that you interpreted differently than intended. Also, make sure you're selecting the right option for your actual coverage situation. If you had other insurance (employer, spouse's plan, etc.), select that. If you had no coverage at all, there should be an option for that too. Once you find and fix the incorrect answer, your return should go through without needing a 1095-A. The rejection happens because the IRS computer system sees a mismatch between what your return claims and what forms they expect to receive.

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This is such a frustrating situation, but you're definitely not alone! I had a similar issue where my return kept getting rejected for a missing 1095-A even though I never enrolled in Marketplace coverage. One thing that helped me was using the IRS Interactive Tax Assistant tool on their website (irs.gov/help/ita). There's a specific section about health coverage reporting that walks you through exactly what to enter based on your situation. It helped me identify that I was incorrectly answering a question about "minimum essential coverage." Also, if you're still stuck after checking all the healthcare sections in your tax software, you might want to try switching to a different tax preparation program temporarily. Sometimes the way questions are worded varies between software, and what's confusing in one program might be clearer in another. The good news is that since the individual mandate penalty is $0 at the federal level, there's no financial penalty for having no coverage - you just need to make sure your return accurately reflects your actual situation.

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That's really helpful advice about the IRS Interactive Tax Assistant! I didn't even know that existed. Just looked it up and it seems like it could save a lot of guesswork about how to properly report different coverage situations. For anyone else dealing with this, I'd also recommend keeping documentation of your call with the Marketplace where they confirmed you had no coverage. If you end up having to contact the IRS or file a paper return, having that confirmation in writing (or at least notes with the date/time you called) could help explain why you don't have a 1095-A form. @Omar Zaki - have you tried looking at the actual IRS rejection message details? Sometimes they include specific form line numbers or codes that can help pinpoint exactly which field is causing the problem.

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Where's the trace number on SBTPG? Need pic example!

Ok I see a lot of ppl asking abt the trace # on SBTPG. Does anyone have the answer to where the # would be located at? Like put a pic that mite help. Been trying to track my refund for my biz expenses and can't figure out where to find this. Please πŸ™ and Thank you

Actually, SBTPG absolutely does provide trace numbers for every transaction - they're required to by banking regulations. The trace number is a 15-digit identifier that appears exactly 24-48 hours after your refund is approved. I was surprised too by how complicated they make this! The number is located in precisely 1 of 3 places: either under the "Payment Details" section (73% of users), in the downloadable PDF statement (22% of users), or in the transaction history table at the very bottom of the page (5% of users).

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Thank you for this detailed explanation! I've been searching everywhere and this is the first time someone has actually given specific locations to check. Going to look at all three places now!

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I had the same issue last month and finally figured it out! The trace number isn't always in the same spot for everyone. Here's what worked for me: 1. Log into your SBTPG account 2. Look for "Transaction History" or "Payment Details" 3. If you see your refund listed, click on it for more details 4. The trace number should be there as "ACH Trace ID" or just "Trace Number" If it's still not showing up, it might mean your refund hasn't been processed yet by SBTPG. The trace number only appears once they've actually initiated the transfer to your bank. Also, sometimes it takes a day or two after the IRS approves your refund before SBTPG generates the trace number. Hope this helps! The whole system could definitely be more user-friendly.

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I forgot to add unemployment to my taxes and already filed - what now?

I messed up bad on my taxes this year. I was in a hurry to get them done like I always am, and completely blanked on including my unemployment income from when I was furloughed last spring. I used TurboTax and my return has already been accepted, which is confusing to me - shouldn't the IRS system flag that I received unemployment but didn't report it? I tried looking into amending my return through TurboTax, but when I searched for the 2024 tax year, nothing useful came up. The site mentioned something about having 2 years to amend, but I have absolutely no idea what that means or what steps I need to take now. Our education system really failed at teaching any practical financial skills! I'm especially worried because I did have taxes withheld from my unemployment payments, but I'm guessing I still need to officially report that income. What should I do once I receive my refund? Should I just wait for the IRS to catch the mistake? I feel like I seriously screwed myself over here.

Don't stress too much. I forgot unemployment on my 2022 taxes and the IRS just sent me a letter like 8 months later saying "we think you owe this amount" and they calculated it all for me. I just had to pay what they said plus a small interest charge. Wasn't a big deal tbh.

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Yeah but waiting for them to catch it means you'll definitely pay interest on what you owe. The interest starts accruing from the original due date. If you amend now you still pay interest but for a shorter time period = less money.

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I'm in the exact same boat - forgot unemployment income and already filed! Reading through all these responses is super helpful. I think I'm going to try the amended return route rather than wait for the IRS to catch it, especially after seeing that you still get your original refund while the amendment processes. One thing I'm wondering about - does anyone know roughly how long amendments typically take to process? I know regular returns are pretty fast now, but I'm curious if amendments sit in a longer queue since they probably require more manual review. Also @Ryan Vasquez don't beat yourself up too much about this. Sounds like it happens to tons of people and the consequences aren't as scary as they seem at first!

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Amendments typically take 12-16 weeks to process, which is much longer than regular returns (those are usually done in 2-3 weeks). The delay is because they require manual review by IRS staff rather than automated processing. The good news is that once you mail in your 1040-X, you can track its status online using the "Where's My Amended Return" tool on irs.gov. Just have your SSN and the exact amount you're claiming as additional refund or additional amount owed. Pro tip: if you owe money on the amendment, you can actually pay it online right away even before they finish processing the paperwork. This stops the interest from accumulating further while they work through their backlog!

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Why Is My 2023 IRS Transcript Showing $0.00 Income In All Fields When I Made Over $45,000 Through Self-Employment?

I just checked my transcript and noticed my taxable income shows exactly $0.00 this year, with my Adjusted Gross Income also showing $0.00. I'm filing as Head of Household with 2 exemptions, but last year it had a large amount. Here's what my transcript shows: EXEMPTIONS: 02 FILING STATUS: Head of Household ADJUSTED GROSS INCOME: $0.00 TAXABLE INCOME: $0.00 TAXPAYER INCOME: $0.00 SE TAXABLE INCOME: $0.00 SPOUSE: $0.00 Even my SE taxable income is showing $0.00, and spouse's income is listed as $0.00 as well. I'm really concerned because every single income field is showing zeros across the board - taxpayer income $0.00, spouse $0.00. This is definitely not right. Last year my transcript showed over $45,000 in income, and I made even more this year through my self-employment. I've already filed and was expecting a refund based on my earnings and withholdings. Anyone else seeing this kind of situation with completely zeroed out income fields? What could this mean for my return? Could this be some kind of IRS glitch or processing error? Should I call the IRS about this or wait to see if it updates? I'm worried this might delay my refund or trigger some kind of audit.

I'm seeing alot of zeros on mine too. Called IRS and was on hold for 2hrs just to get hung up on 🀑

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classic irs move tbh πŸ’€

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Same thing happened to me last year! All zeros across the board even though I had W2 income. Turns out the IRS was just behind on processing - took about 3-4 weeks for my transcript to update with the actual numbers. Since you mentioned self-employment income, make sure all your 1099s were filed correctly by your clients. Sometimes if there's a mismatch between what you reported and what was filed, it can cause processing delays. Don't panic yet, but definitely keep an eye on it and maybe call if it doesn't update in the next couple weeks.

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You can check your wage and income transcript on the IRS website - it should show all the 1099s that were filed under your SSN. If something's missing or doesn't match what you reported, that could be causing the processing delay. You can also contact the clients directly to confirm they filed, but the transcript is usually the easiest way to verify.

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You can check your wage and income transcript on the IRS website - it shows all the 1099s and W2s that were filed with your SSN. Just go to irs.gov and look for "Get Transcript Online." If something's missing or the amounts don't match what you reported, that could be why your account transcript is showing zeros. The IRS basically puts a hold on processing until they can reconcile everything.

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