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W2 Employee misclassified as 1099 contractor since 2021 - help recovering taxes paid to IRS through incorrect filing

I've been learning about the differences between W2 employees and 1099 independent contractors, and I think I've been filing incorrectly for years. I work for a small residential repair company that contracts with home warranty companies. My boss never gives me W2 forms or discusses taxes - he just calls it "piece work" and says I won't pay much in taxes and can deduct things like uniforms. But after doing research, I believe I'm actually a W2 employee because: - I drive a company vehicle (not my own) - The company pays for my gas with a company card - They purchase the supplies/parts for repairs - I have my own tools, but that's it - The boss determines my schedule and assignments He pays me through Zelle/Venmo directly to my bank account. Sometimes I collect service fees in cash (like $80) that I keep and log in my records. I've been filing taxes as a 1099 contractor using TurboTax and owing around $6500 each year. Now I have about $24,000 in tax debt to the IRS including penalties. I've set up a payment agreement but the late fees and interest keep building. I'm worried I've been doing this all wrong. Would my taxes be significantly lower if I had filed as a W2 employee? The company would have been responsible for paying half of the FICA taxes! For example, if a repair job is approved for $13,000 (about 50/50 in parts and labor) and the home warranty covers $3,300, my boss receives that amount and I might get paid $85 for the work. If a claim is denied, I still get paid for my time worked. The amount varies based on the complexity - I can make anywhere from $40 for a quick job to $500 in a day doing major repairs. Where do I start fixing this mess? I need to make a living but also need professional tax help before looking for a new job. Any guidance would be greatly appreciated!

CosmicCadet

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Don't forget about state taxes too! If you've been misclassified at the federal level, you're likely misclassified for state taxes as well. Most states have their own processes for worker classification issues, and you might be entitled to additional refunds from state taxes. In my case, after getting the federal determination, I was able to recover an additional $2,100 from my state tax overpayments. Check your state's department of labor website for the proper forms - many states take misclassification very seriously because they lose unemployment insurance and workers' comp premiums.

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Chloe Harris

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And unemployment benefits! If you're properly classified as an employee, you could qualify for unemployment if you lose your job. Independent contractors can't get regular unemployment. This literally saved me when I got laid off last year after fixing my classification status.

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CosmicCadet

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Absolutely right about unemployment benefits! Also, proper classification means you're covered by workers' compensation if you get injured on the job. As a contractor, you'd be on your own for medical costs from workplace injuries. The other significant benefit is overtime pay protection. If you're working over 40 hours in a week as an employee, you're entitled to overtime pay in most cases. Independent contractors don't have this protection, which is why some employers try to misclassify workers.

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This is a classic case of employee misclassification that's unfortunately very common in the construction and repair industry. Your employer is definitely saving money by avoiding their share of payroll taxes, workers' compensation, and unemployment insurance. A few additional points to consider: 1. **Document everything NOW** - Save all payment records (Zelle/Venmo transactions), text messages about work assignments, photos of the company vehicle you drive, and any written instructions from your boss. This documentation will be crucial for your SS-8 filing. 2. **Consider the Voluntary Classification Settlement Program (VCSP)** - If you think your employer might be willing to cooperate, this IRS program allows them to voluntarily reclassify workers with reduced penalties. It's often faster than the SS-8 process and less adversarial. 3. **Look into amended returns for prior years** - You can generally amend returns for up to 3 years back. Given that you owe $24,000 in tax debt, recovering the employer's share of FICA taxes from previous years could significantly reduce what you owe. 4. **Get professional help** - Consider consulting with a tax professional who specializes in worker classification issues. The potential savings from proper classification could easily pay for their fees, and they can help navigate the process while protecting your interests. The fact that you drive a company vehicle alone is a huge red flag for misclassification. That's typically one of the strongest indicators of an employee relationship according to IRS guidelines.

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Has anyone addressed the potential need for a Form 8832 (Entity Classification Election) in this situation? When my father-in-law passed and left his S-corp to my husband, we had to file this to maintain the S election through the estate transfer process.

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Juan Moreno

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Actually, Form 8832 is for entities that want to change their classification. For maintaining an S-corp status during estate transfer, you probably filed Form 8553 (Election by a Small Business Corporation) or possibly a statement under Revenue Ruling 2008-18. The bigger issue is that estates are only allowed to hold S-corp stock for 2 years (3 years in some cases) before it terminates the S election.

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I went through a very similar situation when my mother passed last year and left me her S-corp. One critical thing I learned that hasn't been mentioned yet is the importance of getting the business properly valued as of the date of death for estate tax purposes and for establishing your stepped-up basis. The IRS requires a formal business valuation if the estate is large enough to require an estate tax return (Form 706), but even if you're below that threshold, having a professional valuation done can save you significant capital gains taxes if you ever sell the business later. The stepped-up basis rule means you inherit the business at its fair market value on the date of death, not what your father originally paid for it. Also, make sure you understand the quarterly estimated tax requirements. Since S-corp income passes through, the estate (and potentially you as beneficiary) may need to make quarterly payments to avoid underpayment penalties. The timing can get tricky when ownership transfers mid-year. I'd strongly recommend getting both a CPA experienced with estates and a business attorney involved sooner rather than later. The two-year limit on estates holding S-corp stock that Juan mentioned is real and has serious consequences if you miss it.

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This is incredibly helpful, Andre. I'm realizing I may have already made some mistakes by not getting a proper business valuation done yet. My dad passed in September and I've been so focused on keeping the business running that I didn't think about the stepped-up basis implications until now. Do you know if it's too late to get a retroactive valuation done as of his date of death? And when you mention quarterly estimated payments - does that mean I personally might owe taxes on the S-corp income even if I haven't taken any distributions from the estate yet? I've been reinvesting everything back into the business to keep it stable during this transition period. Also, the two-year limit is concerning - does that timer start from the date of death or from when the estate was officially opened? I'm not sure I'll be ready to either distribute the business or make any major decisions about it within two years given how complex everything has been.

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Does anyone know if other tax software handles this Section 121 exclusion for former primary residences better than FreeTaxUSA? I have a similar situation but haven't started my taxes yet.

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TurboTax Premier does handle this scenario better with a specific workflow for "rental property previously used as primary residence." It costs more than FreeTaxUSA though. TaxAct also has a more streamlined process for this specific situation.

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Thanks for this info! Is the extra cost of TurboTax Premier worth it in your opinion? I'm trying to decide if I should switch or just work through the FreeTaxUSA limitations.

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Liam McGuire

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I went through this exact same situation last year with FreeTaxUSA and it was definitely tricky to navigate. After trying several approaches, I found that Mei Zhang's workaround actually works well, but I'd add one important tip: make sure to print out and review your final forms before filing. When I used the "Sale of Home" section with my adjusted basis (original price minus depreciation taken), FreeTaxUSA correctly generated both Schedule D for the capital gain eligible for Section 121 exclusion and Form 4797 for the depreciation recapture. The key is being very careful with your basis calculation. I also recommend keeping detailed records of all the depreciation you claimed during the rental period - you'll need this for the recapture calculation. The IRS requires you to recapture depreciation even if you didn't claim it, so make sure you're accounting for all allowable depreciation during the rental years. One last thing - if your gain after the Section 121 exclusion is substantial, consider whether you need to make estimated tax payments since the depreciation recapture is taxed at 25% rather than the lower capital gains rates.

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Yuki Tanaka

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This is incredibly helpful advice! I'm new to dealing with rental property sales and the depreciation recapture concept is pretty confusing to me. When you mention "allowable depreciation," does that mean I need to recapture depreciation even for years where I might have forgotten to claim it on my taxes? That seems like it could create a big unexpected tax bill. Also, regarding the estimated tax payments you mentioned - is there a threshold where this becomes necessary? I'm worried about getting hit with penalties if I don't handle this correctly.

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IRS Transcript Shows 810 Freeze Code with "Return Not Present" Status Despite Filing 2022 Taxes

I filed my 2022 taxes (Form 1040) and just pulled my transcript from the IRS dated 03-15-2023. I'm seeing some really concerning things that have me worried about my refund. The transcript shows "RETURN NOT PRESENT FOR THIS ACCOUNT" at the top in capital letters, and in the transactions section it literally says "No tax return filed" - but I definitely filed my return! Here's what the transcript shows: Internal Revenue Service United States Department of the Treasury Request Date: 03-15-2023 Response Date: 03-15-2023 Account Transcript FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2022 ACCOUNT BALANCE: $0.00 ACCRUED INTEREST: $0.00 AS OF: Mar. 27, 2023 ACCRUED PENALTY: $0.00 AS OF: Mar. 27, 2023 ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount): $0.00 INFORMATION FROM THE RETURN OR AS ADJUSTED: EXEMPTIONS: 00 FILING STATUS: Single ADJUSTED GROSS INCOME: [blank] TAXABLE INCOME: [blank] TAX PER RETURN: [blank] SE TAXABLE INCOME TAXPAYER: [blank] SE TAXABLE INCOME SPOUSE: [blank] TOTAL SELF EMPLOYMENT TAX: [blank] RETURN NOT PRESENT FOR THIS ACCOUNT TRANSACTIONS CODE EXPLANATION OF TRANSACTION CYCLE DATE AMOUNT No tax return filed 810 Refund freeze 03-09-2023 $0.00 The most concerning part is I have an 810 refund freeze code posted on 03-09-2023 for $0.00, and I haven't received any letters from the IRS explaining why. How can there be a refund freeze when the system doesn't even show my return as present? My account balance shows $0.00, with $0.00 in accrued interest and penalties as of March 27, 2023. My filing status shows correctly as Single with 00 exemptions, but all the other fields like Adjusted Gross Income, Taxable Income, and Tax Per Return are completely blank. Does anyone know what this means? Why would there be a refund freeze when there's supposedly no return filed? I'm really worried about what's going on with my return and whether I'll ever get my refund.

Yara Khalil

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mine cleared after 4 months without me doing anything lol just gotta wait it out sometimes šŸ¤·ā€ā™€ļø

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Keisha Brown

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4 MONTHS?! im crying rn 😭

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Beth Ford

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I've been dealing with tax issues for years and the 810 freeze code is actually pretty common - it doesn't necessarily mean anything is wrong with your return. The "Return Not Present" status combined with the freeze usually just means your return is stuck in a verification queue somewhere in the system. Since your transcript shows Single filing status and 00 exemptions correctly, the IRS did receive your return, it's just not fully processed yet. The blank fields for AGI and taxable income are normal when a return is in this limbo state. Try calling the practitioner priority line if you have a tax pro, otherwise the regular taxpayer advocate service might be able to help expedite things if it's been over 21 days since you filed.

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Javier Gomez

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This is really helpful info! I'm new to dealing with the IRS and all these codes are so confusing. How long does the verification queue usually take? And is there anything specific I should say when I call the taxpayer advocate service to get them to help?

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8 One thing nobody's mentioned - make sure you check your state tax obligations too! I made the mistake of focusing only on my federal tax debt and completely forgot I also owed state taxes. Had to set up two separate payment plans.

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14 Good point! State tax agencies are actually sometimes harder to deal with than the IRS in my experience. My state wanted a higher monthly payment and shorter term than the feds did.

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I'm in almost the exact same boat - just ran my numbers and owe around $8,200 that I definitely don't have sitting around. Reading through all these responses has been super helpful, especially the clarification about filing first then setting up the payment plan. One question I haven't seen addressed - if I file my return showing I owe this amount, does that immediately trigger any kind of collections process? Or do I have some grace period to get the payment plan set up before they start sending scary letters? Also, has anyone here actually used the online payment agreement tool on the IRS website? I'm wondering if that's reliable or if I should plan on calling (or using one of those services mentioned above to help get through).

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