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I just found out about unemployment overpayment and heard they can take it from your tax refund. Will they take it from federal refunds or just state? Anyone know how to set up a payment plan before they take everything?
So I just found out something that completely blew my mind. I've been working at this upscale restaurant for about 8 months now, and we have a tip pooling system where all servers, bartenders, and support staff share tips. I always assumed we were each taxed on what we actually took home at the end of the night. WRONG. My manager pulled me aside yesterday after I questioned my last paycheck looking smaller than expected. She explained that the IRS considers the SERVER to be the one receiving ALL tips initially, even those that get redistributed to other staff. So basically, I'm being taxed on money I never even see! I'm getting taxed on the full $1200-1500 in tips our team makes each night, not just my $180-220 cut. Is this actually legal? Has anyone else experienced this? I'm honestly thinking about quitting because my actual take-home pay is way less than what my tax forms will show I earned. How do other restaurants handle this?
This happened at every restaurant I've worked at. The worst part is when tax time comes and the IRS thinks you made WAY more than you actually did! Has anyone successfully gotten this fixed retroactively? Like for previous tax years?
Yes! You can file a Form 843 "Claim for Refund and Request for Abatement" along with an amended return (Form 1040-X) for up to 3 previous tax years. You'll need documentation though - any records of your actual tip distribution will help. I did this for 2022 and 2023 and got back almost $1,400 in total.
Wow, this is exactly what happened to me at my last restaurant job! I worked at a busy pizza place with tip pooling and couldn't figure out why my paychecks seemed so small compared to what I thought I was earning. Turns out they were doing the same thing - taxing me on the full tip amount before distribution. What really helped me was keeping my own daily records of tips received vs. tips actually taken home after the pool split. I started writing down the totals each shift so I had documentation when I eventually confronted management about it. The frustrating part is how common this seems to be across the industry. Makes me wonder how many servers are overpaying taxes without even realizing it. Definitely bring this up with your owner when they come in - having concrete numbers from your pay stubs will make a huge difference in getting this fixed.
I've been using several rebate sites like Rakuten and Ibotta to get cash back on my online purchases, especially from Amazon. Over the past year, I've probably collected about $345 in rebate checks which I deposit into my PayPal account. I'm starting to wonder about the tax implications here. Are these rebate checks considered taxable income that I need to report on my taxes? I don't get any tax forms from these rebate sites, so I'm confused about whether I should be tracking this money for tax purposes. Has anyone dealt with this before? I don't want to get in trouble with the IRS if I'm supposed to be reporting this extra income.
Anyone know how to handle this on TurboTax? I tried searching for "rebates" but couldn't find the right section.
I appreciate everyone sharing their experiences here! As someone who's been dealing with this exact situation, I want to add that it's also worth considering state tax implications. While the federal tax treatment is pretty clear (purchase rebates = not taxable, referral bonuses = taxable), some states have different rules or might treat certain types of rewards differently. Also, if you're using rebate apps for business purchases, make sure you're adjusting your business expense deductions accordingly. You can't deduct the full purchase price and keep the rebate tax-free - that would be double-dipping. The IRS definitely notices patterns like that during audits. One more thing - if you're earning significant amounts from referral programs (like $600+ per year), you might want to consider setting aside a portion for taxes since most rebate companies don't withhold anything. Better to be prepared than scramble come tax time!
For California specifically, you'll want to check the FTB (Franchise Tax Board) website - they generally follow federal guidelines for rebates, but it's always good to confirm. Most states that have income tax do align with the federal treatment, but you're right to double-check. For the business expense piece, I learned this lesson when my accountant caught it during my tax prep last year. The key is to track both the original purchase amount AND the rebate amount, then only deduct the net amount you actually paid. So if you bought $100 worth of office supplies and got a $5 rebate, you can only deduct $95 as a business expense. It seems obvious now, but it's easy to miss when you're just looking at receipts and rebate notifications separately. Keep good records of both - I use a simple spreadsheet that links purchase receipts to their corresponding rebates. Makes tax time much smoother!
For California specifically, you can check the Franchise Tax Board website (ftb.ca.gov) or call their taxpayer assistance line. Most states follow federal guidelines for this type of income, but California does have some unique rules for certain types of rewards and incentives. For your freelance work, definitely keep detailed records of which rebates correspond to business purchases. I'd recommend creating a separate category in your expense tracking for "business purchase rebates" so you can easily reduce your deductions by the correct amounts. Some accounting software like QuickBooks can help automate this if you're doing a lot of business purchases through rebate sites. The key is documentation - if you ever get audited, you want to be able to clearly show which rebates were from business vs personal purchases.
I moved to the US last year on an H1B visa and I'm totally lost about which tax form to use. I arrived in the US on September 15, 2024, and started my job on October 1, 2024. By my count, I was physically present in the US for about 107 days in 2024. Since January 1, 2025 until today, I've been here for roughly 45 days. I'm confused whether I should be adding these days together or only consider the 2024 days (107) when determining which form to file. Or maybe since I'm working full-time with a regular salary, do these day-counting rules even apply to me? The US tax system is completely different from what I'm used to and honestly pretty overwhelming. Can someone explain how Form 1040 and Form 1040-NR differ for my situation? I don't have any income sources other than my US job salary. Really appreciate any help you can provide! I want to make sure I'm filing correctly from the start.
Quick tip: Download IRS Publication 519 (U.S. Tax Guide for Aliens). It has a detailed flowchart on page 8 that helps determine your status. Based on your arrival date, you're almost certainly a nonresident alien for 2024 tax purposes, which means Form 1040-NR. Also, most tax software struggles with nonresident returns. TurboTax and H&R Block can do it but you need their premium versions. Sprintax specializes in nonresident returns and might be easier.
Based on your situation (arriving September 15, 2024, with 107 days of US presence), you'll almost certainly need to file Form 1040-NR as a nonresident alien for 2024. The substantial presence test only counts days in the current tax year plus weighted days from previous years - since you have zero previous years, your 107 days falls well short of the 183-day threshold. However, don't overlook the "first-year choice" that Diego mentioned. If you'll be present for at least 75% of days from your first 31 consecutive days through December 31st, AND you expect to pass the substantial presence test in 2025 (which you likely will), you could elect to be treated as a resident alien for all of 2024. This would let you file Form 1040 instead, which often provides better tax benefits. Calculate both scenarios before deciding - sometimes the additional deductions and credits available on Form 1040 can save you more money than you'd think, even though you'd be taxed on worldwide income (though you probably don't have significant foreign income anyway). The key is getting this right from the start. As others have mentioned, filing the wrong form can lead to IRS notices and amended returns down the road.
Hey tax folks, I need a quick sanity check on how to handle these ESPP disqualified sales in FreeTaxUSA. This is my first rodeo with this stuff. I sold 8 separate lots of company stock from my Employee Stock Purchase Plan in 2022, but they're all basically identical transactions. I sold each batch within days of acquiring them (definitely disqualifying dispositions). I've got my 1099-B and the supplemental info from my company, but I'm honestly getting confused about how to enter the cost basis correctly. Everything I read about ESPP sales makes my head spin - the discount income, the compensation element, adjusting basis... it's a lot! Anyone who's done this in FreeTaxUSA specifically? I'm worried about double-taxation if I mess up the cost basis entries. The 8 lots aren't huge (about $1,200 each), but I want to make sure I'm not screwing myself over.
Just a heads up - make sure you're looking at your actual W-2 to confirm the ESPP discount is really included there. Some companies handle this differently! My company actually doesn't include the ESPP discount in the W-2 for disqualifying dispositions - instead they report it on a separate 3922 form and I have to report it as "Other Income" when I file. Worth double-checking how your specific company handles it so you don't make incorrect adjustments.
This thread has been incredibly helpful! I'm dealing with a similar ESPP situation and was totally confused about the basis adjustments. One thing I'd add for anyone else reading this - if you have multiple ESPP purchases throughout the year at different discount rates, make sure you're tracking the specific discount amount for each lot separately. My company's supplemental statement breaks this down by purchase date, which is crucial since the 15% discount applies to different FMV amounts depending on when you bought. Also, don't forget that if you had any dividend reinvestments on your ESPP shares before selling, those might affect your basis calculation too. I almost missed that detail until I noticed some small amounts on my brokerage statement. Thanks everyone for sharing your experiences - this stuff is way more complex than it should be!
Mateo Lopez
whatever u do dont ignore it. i did and now im stuck paying wayyy more in penalties and interest. setup that payment plan asap!
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Natasha Romanova
I went through this exact situation last year. The key is acting fast - once your refund is processed and sent to Treasury, it's much harder to get back. Most states allow you to set up payment plans online through their unemployment portal, but you need to do it BEFORE they submit your debt to the Treasury Offset Program. Also, make sure to get any payment agreement in writing. Some states will remove you from the offset list once you're in good standing on a payment plan, but policies vary by state.
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