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Omar Fawaz

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I've been through this exact same situation with my husband's return where I was listed as the third party designee. The frustration is real! After weeks of trying, I finally got through using a combination of the strategies mentioned here. What ultimately worked for me was calling the main IRS line (800-829-1040) on a Tuesday morning right at 7am when they opened, selecting option 1 for "questions about a form you filed," then option 3 for "1040 individual return questions." When prompted for specific issues, I said "third party designee inquiry" which seemed to route me to someone who actually understood the designation. The key phrase that helped was exactly what Daniel mentioned - I started with "I am the third party designee listed on this taxpayer's Form 1040" and had his PIN ready. The agent was able to tell me his return was held up because they needed verification of his business expenses, something we never would have known from the generic "still processing" message. One thing I learned: the 9+ week delay you're experiencing often indicates they're waiting for third-party income verification (like W-2s or 1099s that don't match what employers reported). As the designee, you can authorize them to proceed with processing based on the information submitted if the discrepancies are minor. Don't give up - the designation really does give you power to help resolve issues once you finally reach someone!

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Vera Visnjic

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This is incredibly helpful! I'm going to try your exact approach - calling at 7am Tuesday and using that specific menu path. I hadn't thought about saying "third party designee inquiry" when they ask for the specific issue, but that makes perfect sense for getting routed to the right person. The possibility that it could be third-party income verification is interesting. My sister did have a few different part-time jobs last year, so there could definitely be some W-2 or 1099 discrepancies that are causing the hold-up. If that's the case, at least as her designee I might be able to help move things along rather than just waiting indefinitely. Really appreciate you sharing the exact script and timing that worked for you. After 9+ weeks of this limbo, I'm willing to try anything that has a proven track record. Going to set my alarm for 6:55am Tuesday morning and give this a shot!

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Zara Ahmed

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I'm dealing with this same frustration as a third party designee for my mom's return! Reading through all these experiences really validates what I've been going through. The inconsistency between IRS reps is maddening - some immediately recognize the designation while others act like it doesn't exist. What's really helped me is keeping detailed notes from each call attempt, including the rep's ID number when they give it. If someone incorrectly tells you that you need Form 8821 or other additional authorization (which you don't for basic return discussion), having those details helps when you call back or ask for a supervisor. One thing I've noticed is that the third party designee works best for straightforward processing questions, but if there are compliance issues or audits involved, they sometimes want more formal authorization. For basic refund delays and status questions though, the 1040 designation should absolutely be sufficient. The timing advice here is gold - I've had much better luck with mid-week morning calls. Also, if you're using any of the callback services mentioned (like Claimyr), make sure you clearly explain your third party designee status when you first speak with them so they can prep you for what information the IRS agent will need to verify your authorization. Hang in there! The designation really is valuable once you can actually use it properly.

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This thread has been so helpful for understanding the third party designee process! I'm actually new to being a designee - my brother just asked me to be his for next year's return after hearing about all these IRS delays. One question I have after reading everyone's experiences: when you're initially setting up the designee on the 1040, is there a recommended PIN strategy? Should it be something memorable for both the taxpayer and designee, or does the IRS have specific requirements? I want to make sure we set it up properly from the start so I don't run into verification issues when calling. Also, it sounds like keeping a copy of the actual return is crucial for when you finally get through. Should I be asking my brother for a complete copy, or just specific pages that have the designee information and key details the IRS might ask about? Thanks to everyone sharing their experiences - this is exactly the kind of practical advice you can't find in the official IRS publications!

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I've been in a similar situation and ended up using a combination of approaches. First, I calculated my safe harbor amounts using last year's tax return - if you paid 100% of last year's tax liability (or 110% if your AGI was over $150k), you're generally safe from penalties regardless of what happens with your current year income. But here's what I learned the hard way: don't just assume you're covered based on rough estimates. I thought I was fine until I actually sat down with all my 1099s and realized I had miscalculated my withholdings from my day job. My suggestion would be to do a mid-year tax projection using actual numbers through now, then extrapolate for the rest of the year with conservative estimates. Include ALL income sources - W-2 withholding, estimated payments made so far, dividends, interest, any side income, etc. If that shows you're clearly above the safe harbor thresholds, then you can confidently skip or reduce remaining payments. The peace of mind of knowing for sure is worth the hour it takes to run the numbers properly. Plus, if you do end up with extra withholding, you'll get it back as a refund anyway.

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Naila Gordon

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One thing to consider is that the IRS calculates underpayment penalties quarterly, not annually. So even if you end up overpaying for the year overall, you could still get hit with penalties for specific quarters where you underpaid. That said, if you've already made two quarterly payments based on high projections and your actual income is coming in lower, you're probably in good shape. The key is making sure those first two payments, combined with any withholding from other sources, meet the safe harbor requirements Ian mentioned. I'd recommend doing a quick calculation: take your total tax liability from last year, multiply by 100% (or 110% if your AGI was over $150k), and see if what you've already paid this year covers that amount. If yes, you should be fine to skip the remaining payments. If you're close but not quite there, maybe make a smaller payment just to be safe. Also keep in mind that if you do end up with a big refund, you're basically giving the IRS an interest-free loan, so there's definitely value in not overpaying too much.

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Ethan Davis

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This is really helpful advice about the quarterly calculation! I didn't realize penalties could apply to individual quarters even if you're fine for the whole year. Quick question - when you mention withholding from other sources, does that include tax withholding from a spouse's W-2 job? We file jointly and my husband has been having extra withheld from his paycheck specifically to help cover my investment income. Would that count toward meeting the safe harbor requirements for my estimated tax situation?

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Received profit interest units in my LLC employer but still treated as W2 employee - tax implications?

So last year my employer (a small startup LLC) granted me profit interest units that vest over time. It's a tiny percentage of the company, but I did sign all the paperwork and filed the 83(b) election with the IRS. I just realized today that I probably should be treated as a partner in the LLC rather than an employee for tax purposes. But nothing has changed in how I'm being handled: - Still on the company health plan (HDHP) with an HSA - Getting regular paychecks with normal tax withholding and FICA - Contributing to my 401k with employer match - Got a W-2 for 2022 instead of a K-1 - Never made any quarterly estimated tax payments I honestly think my employer has no clue that my tax status should have changed. I regret not researching this more before accepting the profit interest units. I haven't filed my 2022 taxes yet. My main goals are staying compliant with the IRS and keeping my tax situation as uncomplicated as possible. I need advice on: 1. What should I do right now? Find a tax accountant? Talk to my employer? Just file using the W-2 they gave me? Request a K-1 instead? Figure out how to handle the fact that they withheld taxes when maybe they shouldn't have? 2. Long-term, I'm thinking I might want to get rid of these units and go back to being a regular employee. Being a "partner" seems like extra tax headaches with minimal benefits. Also, I might move abroad in the near future, which would further complicate things. 3. What happens tax-wise if the company gets acquired? Not expecting this anytime soon, but could my incorrect tax treatment now cause problems later?

PixelPrincess

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This situation is more common than you might think, and you're smart to address it now rather than letting it continue. Based on what you've described - especially the 83(b) election filing - you almost certainly should be treated as a partner rather than an employee for tax purposes. The key issue is that when you receive profit interests in an LLC, you become a partner in the partnership, which fundamentally changes your tax status. Partners don't receive W-2s or have taxes withheld - instead, they receive K-1s and typically make quarterly estimated payments. Here's what I'd recommend for your immediate situation: 1. **Don't file yet using just the W-2** - this could lock in the incorrect treatment and make corrections more complicated later. 2. **Get professional help first** - find a CPA who specializes in partnership taxation. This isn't standard tax prep territory, so make sure they have specific experience with profit interests and partnership issues. 3. **Gather all your documents** - profit interest agreement, 83(b) election filing confirmation, any other equity-related paperwork. Your tax professional will need these to assess your situation properly. 4. **Talk to your employer after you understand the issue** - approach them with solutions, not just problems. They probably don't realize the tax implications and will appreciate guidance on how to fix it. Regarding your future plans to potentially give back the units or move abroad - both are definitely possible, but the international tax implications of being a US partnership partner while living abroad can be quite complex. Address the current year first, then work with your professional to plan the best long-term strategy. The good news is that since taxes were being withheld and paid, you're not in a "no taxes paid" situation, which is what the IRS really cares about. This is fixable with the right professional guidance.

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This is incredibly comprehensive advice - thank you! The point about not filing with just the W-2 is particularly important. I was honestly tempted to just file with what I have to meet the deadline, but you're absolutely right that this could create more problems down the line. I'm feeling much more confident about the path forward now. It sounds like the consensus is pretty clear that I need professional help before making any moves, and that this is definitely something that can be resolved properly with the right guidance. One quick question - when I'm looking for a partnership tax specialist, should I specifically mention "profit interests" when I'm calling around? I want to make sure I find someone who has dealt with this exact scenario rather than just general partnership taxation. Also, really appreciate the reassurance about this being fixable. I've been losing sleep over potentially having screwed something up irreversibly with the IRS!

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Evelyn Kelly

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Yes, absolutely mention "profit interests" specifically when calling tax professionals! This is a very particular area of partnership taxation, and you want someone who has direct experience with Section 83(b) elections, profit interest valuations, and the employee-to-partner transition issues. When you call, you can say something like: "I received profit interests in my LLC employer, filed an 83(b) election, but I'm still being treated as a W-2 employee instead of receiving a K-1. I need help determining my correct tax status and fixing any compliance issues." A specialist in this area will immediately understand your situation and should be able to discuss the common approaches for resolving it. If they seem unfamiliar with profit interests or start asking basic questions about what they are, keep looking. Also, don't lose sleep over this! The IRS sees these situations regularly - small companies frequently mishandle the tax implications of equity compensation. The fact that you're proactively addressing it and that taxes have been getting paid puts you in a much better position than someone who just ignored it completely. You're taking exactly the right steps by getting professional guidance before making any filing decisions. This is definitely in the "complicated but totally fixable" category, not the "irreversibly screwed up" category!

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Sophia Russo

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This thread has been incredibly helpful for understanding this situation! As someone new to dealing with equity compensation, I had no idea that receiving profit interests could completely change your tax status from employee to partner. The advice about specifically mentioning "profit interests" when calling tax professionals is really practical - I can see how that would help filter out CPAs who don't have the right expertise. And the reassurance that this is "complicated but fixable" rather than a disaster is exactly what I needed to hear. I'm curious though - for those who went through this process, roughly how long did it take from getting professional help to having everything properly corrected with both the IRS and your employer? I'm trying to set expectations for how long this process might take to fully resolve.

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Jacinda Yu

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Thanks everyone for the helpful responses! This has been really confusing me since I got my EIN. Just to clarify my situation - I'm a solo LLC (no S-Corp election) and literally have zero employees, zero wages paid, zero payroll activity. Based on what everyone is saying, it sounds like I don't need to file Form 940 at all unless the IRS specifically mails me one, which they probably won't since I just got my EIN this year. I feel much better about this now. It's frustrating how the IRS instructions can be so confusing when the actual answer seems pretty straightforward!

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Yara Khoury

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You've got it exactly right! As a solo LLC with no employees, you're not required to file Form 940. The IRS instructions can definitely be confusing because they have to cover all the different scenarios, but your situation is actually pretty straightforward. I went through the same confusion when I started my business last year. The key thing to remember is that Form 940 is specifically for FUTA (Federal Unemployment Tax), which only applies when you have employees. No employees = no FUTA tax = no Form 940 needed. If you do hire employees in the future, then you'll need to start filing Form 940, but for now you can cross that off your worry list! Focus on the forms that actually apply to your solo business instead.

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Zara Malik

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I went through this exact same situation when I started my consulting business! The confusion comes from the IRS trying to cover all possible scenarios in their instructions. Here's what I learned after dealing with this: If you're a solo LLC with no employees and no wages paid, you absolutely do NOT need to file Form 940. The form is specifically for Federal Unemployment Tax (FUTA), which only applies when you have actual employees. The "check box C" instruction you mentioned only applies if the IRS physically mails you a Form 940 - which they sometimes do automatically to businesses with EINs because they don't know who has employees. Since you just got your EIN this year and have no payroll activity, it's very unlikely they'll send you one. Keep good records showing you had no employees this year, and you'll be fine. When you do eventually hire employees (if you plan to), that's when you'll need to start worrying about Form 940, along with Form 941 for quarterly payroll taxes. But for now, focus on the tax forms that actually apply to your solo business situation!

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Emily Jackson

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This is exactly the kind of clear explanation I was looking for! I really appreciate you breaking down the distinction between when the IRS might send you a form versus when you're actually required to file one. That makes so much more sense now. It's reassuring to hear from someone who went through the same confusion. I was getting worried that I might miss some filing requirement and get in trouble later, but it sounds like keeping good records (which I'm already doing) is the key. One quick follow-up question - when you say "focus on the tax forms that actually apply to your solo business situation," which ones are you referring to? I want to make sure I'm not missing anything else important for my first year!

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Mei Liu

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I've been reading through this entire thread and wanted to share some additional resources that might help with your situation. As someone who works with tenant advocacy, I see cases like yours regularly - cash-only landlords who get hostile about documentation are unfortunately common. A few things that haven't been mentioned yet: **State-specific tenant hotlines:** Most states have free tenant rights hotlines staffed by advocates who can walk you through your specific protections. They can also help you understand what constitutes proper notice, eviction procedures, and how to document an informal rental arrangement for legal purposes. **Local housing inspection departments:** If your landlord is operating completely off-the-books, she might also be cutting corners on safety codes or proper rental licensing. Many cities require landlords to register rental properties and maintain certain standards. This isn't something to threaten her with, but it's useful information for understanding the full scope of potential violations. **Credit union notary services:** Several people mentioned notarizing your self-created rental statements. Most credit unions offer free notary services to members, and joining a credit union is usually much easier and cheaper than using other notary options. **Medical assistance expedited processing:** When you call the medical program, ask specifically about expedited review for urgent medical situations. Many programs can fast-track applications when health needs are time-sensitive, and they're often even more flexible with alternative documentation in these cases. Your landlord's extreme reaction definitely suggests she's hiding something significant. Focus on your immediate medical needs, but keep documenting everything - you never know when that paper trail might become important for your protection.

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Luca Esposito

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This is such valuable additional information - thank you for sharing these resources! I had no idea about state tenant hotlines or that most credit unions offer free notary services. These are exactly the kind of practical resources I need to navigate this situation effectively. The point about expedited processing for urgent medical situations is particularly important. My health condition really can't wait much longer for treatment, so knowing I can request fast-track review while using alternative documentation gives me a lot more confidence about applying. I'll definitely mention the urgent nature of my medical needs when I call the program tomorrow. The housing inspection angle is interesting too. I hadn't thought about whether she might be cutting corners in other areas beyond just the tax reporting. While I don't want to escalate things unnecessarily, it's good to understand the full picture of what might be going on with this informal arrangement. Your comment about keeping documentation for protection really resonates. Even if I decide not to pursue the tax issue now, having a detailed paper trail could be crucial if the housing situation deteriorates or if she tries to retaliate for me seeking proper documentation. It's better to have records I don't need than to need records I don't have. The tenant advocacy perspective is especially reassuring - knowing that people who work in this field regularly see cases like mine makes me feel less alone in dealing with this frustrating situation.

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Amara Adeyemi

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This is such a comprehensive and helpful thread! I'm dealing with a very similar situation - my landlord has been collecting $1200/month in cash for about 6 months and absolutely refuses to provide any documentation. When I mentioned needing something for my health insurance application, she got really defensive and started talking about "keeping things simple" and how "paperwork just complicates everything." Reading through everyone's experiences has been incredibly eye-opening. I had no idea that I still have tenant rights even without a formal lease, or that medical assistance programs are often flexible with alternative documentation. I've been putting off applying for benefits because I assumed I'd be automatically rejected. The text message strategy everyone's mentioned is brilliant - I'm going to start doing that immediately. Even if she never responds, having that timestamped record of our rental relationship could be crucial for establishing my tenancy and for any future applications. I'm also going to contact my local Legal Aid office and housing authority to see what templates and guidance they can provide. It's really encouraging to hear that so many people have successfully navigated this exact situation and gotten their benefits approved with self-created documentation. Like others have said, I think I need to focus on getting my immediate health needs met rather than getting distracted by potential tax issues. The hostile reaction definitely raises red flags, but my priority has to be getting the healthcare coverage I need. The other stuff can be addressed later if necessary. Thanks to everyone who shared their experiences and practical solutions - this thread has given me hope and a clear action plan for moving forward!

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