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I'm actually going through something similar with a different payroll service. What happens if you don't get this resolved before the filing deadline? Is it better to file an extension or try to file with the substitute form?
You should definitely file an extension if you can't get this resolved before the deadline. Form 4868 gives you until October to file your return, though you still need to pay any estimated taxes by the regular deadline. The extension just gives you more time to sort out the documentation issues without penalties for late filing.
I went through this exact situation with my S-Corp a few years back when my payroll company went out of business mid-year. Here's what I learned from my CPA and the IRS: 1. **Document everything** - Keep records of all your attempts to contact Gusto, including dates, times, and what they told you. Screenshot any emails or chat conversations. 2. **Know your rights** - As others mentioned, Gusto has a legal obligation to provide your W-2 regardless of your subscription status. The fact that they processed payroll for you creates this responsibility. 3. **Form 4852 is your friend** - If Gusto continues to refuse, Form 4852 (Substitute W-2) is the legitimate IRS-approved solution. Make sure to use your final paystub's year-to-date totals, as these should match what was reported to Social Security. 4. **Consider state requirements too** - Don't forget that you may also need state wage statements depending on where your LLC was based. The good news is that this situation is more common than you'd think, and the IRS has established procedures to handle it. Just make sure all your numbers are accurate and you have documentation showing your good faith efforts to obtain the proper W-2.
Just wondering - did you claim "Exempt" on your W-4 by accident? I did that one year thinking it meant I was exempt from having to fill out the complicated worksheet. Big mistake! It actually tells your employer not to withhold ANY federal taxes.
This happened to me too! I checked "Exempt" thinking it meant I was exempt from a certain part of the form. Ended up owing over $4k in taxes that year. The W-4 form is so confusing.
I feel for you - this exact same thing happened to me last year! The most important thing is not to panic. You're definitely not "completely screwed." First, check if you accidentally marked "Exempt" on any of your W-4 forms. That's the most common reason employers don't withhold federal taxes. If you did mark exempt without meeting the very specific IRS requirements (basically owing $0 in taxes the previous year AND expecting to owe $0 this year), that would explain everything. For your current situation, you'll likely owe taxes for 2023, but with a child, you may qualify for significant credits like the Child Tax Credit ($2,000) and potentially the Earned Income Credit depending on your total income. These credits can drastically reduce what you actually owe - you might even get a refund despite no withholding! Going forward, submit a new W-4 to your dental office employer immediately. At $24/hr working 36-40 hours, you should definitely have federal withholding. Ask payroll to review your form with you to make sure it's filled out correctly. Don't let the IRS rejection scare you - they often reject returns for simple data entry errors. Double-check that all your W-2 information matches exactly what you entered in your tax software.
This is really helpful advice! I'm definitely going to check my W-4 forms from all my jobs to see if I accidentally marked "Exempt" - that would explain so much. I had no idea that's what that box meant. The part about the Child Tax Credit gives me hope. My daughter lives with me full-time so I should qualify for that, right? And what exactly is the Earned Income Credit? I've never heard of that before but if it could help reduce what I owe, I definitely want to look into it. I'm going to talk to payroll first thing Monday morning about my W-4. Do you think I should ask them to withhold extra beyond what the normal calculations would be, just to be safe for next year?
Another option to consider is using the charging tracking features that come built into many EV chargers now. I have a ChargePoint Home Flex that tracks all my charging sessions automatically in their app, including kWh used and time of charging. My tax guy said this is perfectly acceptable documentation as long as I export the data regularly and note which sessions were for my business vehicle. The app lets me categorize charges and export detailed reports that show exactly how much electricity was used. Might be easier than installing a separate meter if you're planning to get a new charger anyway.
That's good to know! Do smart chargers like that track the actual cost based on your utility rates, or do you still need to calculate that part separately?
Most smart chargers track the kWh usage but you typically need to calculate the cost separately based on your utility rates. The ChargePoint app shows energy consumed but doesn't automatically apply your specific electric rates since those vary by utility company and rate plan. However, this is actually pretty easy to handle. I just export the monthly charging data from the app and multiply the total kWh by my average rate from my electric bill. Some utilities even have time-of-use rates that you can factor in if you're charging during off-peak hours to save money. The key is keeping good records of both the charging data and your utility bills to calculate the accurate deduction amount.
This is a great question and you're definitely on the right track with your thinking! As someone who's been navigating business vehicle expenses for a few years now, I can confirm that tracking your home EV charging costs is absolutely legitimate when you're using the actual expense method. The kWh meter approach you're considering is spot-on. I'd recommend getting one that plugs in between your charger and the wall outlet - they're pretty affordable (usually $20-40) and give you precise readings. Just make sure it can handle the amperage of your charger. For your log, I'd suggest tracking: - Date and time of each charge - kWh used (from your meter) - Odometer reading or trip purpose - Your electric rate at time of charge (some utilities have variable rates) One thing to consider is whether your utility company offers special EV charging rates or time-of-use pricing. Mine has cheaper overnight rates, so I charge during those hours and note the lower rate in my log for more accurate deductions. The documentation you're planning should definitely satisfy IRS requirements, especially since it's more detailed than what many businesses maintain for other utilities. Keep those records organized with your other vehicle expense documentation and you'll be all set!
This is really helpful advice! I'm curious about those special EV charging rates you mentioned. How did you go about setting that up with your utility company, and was there any additional documentation required to prove you're using the electricity for business vehicle charging? I'm wondering if having a separate rate plan might complicate the deduction calculations or if it actually makes them easier to track.
I've been dealing with this issue for the past few weeks and wanted to share another potential solution that worked for me. If your client is hesitant to issue a corrected 1099-NEC but is willing to work with you, you can ask them to issue a "void" 1099-NEC for the incorrect one (marked as "CORRECTED" with all zeros) and then issue a new correct 1099-NEC with your business information. This approach sometimes feels less burdensome to clients than asking them to correct an existing form, since they're essentially canceling the old one and creating a fresh one. The key is explaining that they need to file both forms with the IRS - the voided one and the correct one. I also want to echo what others have said about keeping detailed documentation. Even if your client agrees to make the correction, get their commitment in writing (email is fine) and keep records of all your communications. If there are any delays in getting the corrected form, this documentation will be crucial if you need to file your returns before receiving the correction. One last tip - if you're working with a larger company, try to get a timeline commitment for when they'll issue the correction. Tax season deadlines don't wait for administrative processes, so knowing their timeline helps you plan whether you need to pursue alternative filing strategies.
This "void and reissue" approach is brilliant! I hadn't thought of framing it that way to clients. It does seem like it would feel less like admitting an error and more like a clean slate, which could definitely help with client relations. I'm curious - when you asked for this approach, did you provide them with specific instructions on how to mark the forms? I want to make sure I explain the process correctly if I need to suggest this to my client. Also, did they need to send you copies of both the voided form and the new correct form, or just the corrected one? The timeline point is really important too. I've been going back and forth with my client for three weeks now and still don't have a firm commitment on when they'll get this resolved. Getting that in writing upfront would definitely help with planning my filing strategy.
I've been through this exact scenario twice now with my S-corp election, and I can tell you that getting the corrected 1099-NEC is absolutely worth the effort. The IRS matching system will definitely catch the discrepancy between income reported to your SSN versus what appears on your personal return. Here's what I learned works best: Start with a phone call to establish contact with the right person (usually someone in accounts payable or vendor management), then follow up immediately with a formal written request via email AND certified mail. In your request, be specific about what needs to be corrected and include your EIN determination letter as proof of your business entity. The key phrase that seemed to get my clients' attention was explaining that "incorrect 1099 reporting creates compliance issues for both parties and could trigger IRS matching notices." Most businesses want to avoid any potential IRS scrutiny, so framing it as a mutual compliance issue rather than just your problem tends to get better results. If they agree to make the correction but seem hesitant about the process, offer to provide them with the exact corrected information formatted exactly as it should appear on the form. This removes any guesswork on their part and makes it easier for them to process your request. Keep detailed records of every communication attempt - dates, times, names of people you spoke with, and their responses. This documentation becomes crucial if you need to explain the situation to the IRS later or if you have to pursue alternative filing strategies.
Annabel Kimball
Just want to say this is exactly why I always recommend calling the IRS directly rather than waiting. So many people just sit around checking WMR daily when a 20-minute phone call can clear things up. Glad you took initiative and got answers! The IRS is overwhelmed but most agents really do want to help if you can get through to them.
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Gabrielle Dubois
Thanks for sharing this experience! It's so frustrating how inconsistent the information can be between different IRS reps. I filed around the same time (Feb 3rd) and have been getting the runaround too. One agent told me my return was "under review" and another said it was "processing normally" - like which is it?? I'm definitely going to check my transcript tomorrow like you suggested. Did the rep give you any specific codes to look for, or just said to watch for updates? Also curious if Jackson Hewitt gave you any tracking info on their end or if you had to rely entirely on the IRS systems. Really hoping this gets resolved quickly for you - the uncertainty is the worst part!
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