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StarStrider

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This is a common situation that many people organizing informal fundraisers face. The key thing to understand is that the IRS cares more about the economic substance of transactions than the technical flow of funds. Since you're acting as a conduit rather than the beneficial owner of the money, you generally won't owe taxes on these funds - but you need to be prepared to prove that. Here's what I'd recommend: 1. Keep detailed records of every incoming Venmo transfer with donor names and amounts 2. Document the purpose of the fundraiser (emails, social media posts, etc.) 3. Get a receipt from the charity showing the final donation amount and date 4. If you receive a 1099-K from Venmo, you can file Form 1040 with an explanation that these were pass-through funds, not income For the person receiving the final transfer, they should also document that this was collected money being donated on behalf of others, not a personal gift from you. They'll be able to claim the charitable deduction, but ethically they might want to coordinate with the original donors about this. The cleanest approach for future fundraisers would be to have people donate directly to the charity or use a platform designed for this purpose, but your current setup isn't uncommon and can be handled properly with good documentation.

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Mateo Silva

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This is really helpful advice! I'm curious about the Form 1040 explanation you mentioned - do you just write a letter and attach it, or is there a specific form or line where you'd note that the 1099-K amounts were pass-through funds? I want to make sure I handle this correctly if I end up in a similar situation.

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Amina Toure

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For the Form 1040 explanation, you would typically attach a statement to your return explaining the discrepancy. You'd report the 1099-K amount as "Other Income" on Schedule 1, then subtract the same amount as "Other Adjustments" with a note like "Funds collected as agent for charity - not taxable income." Alternatively, some tax preparers recommend including a detailed statement explaining that you were acting as a conduit/agent and that the funds were immediately transferred to the intended charity. The key is creating a clear paper trail that shows you never had beneficial ownership of the money. Just make sure you have all the documentation @StarStrider mentioned - without proper records, the IRS might not accept your explanation that these were pass-through funds rather than income to you.

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Great question! I had a similar situation when I organized a fundraiser for our local food bank last year. One thing that helped me sleep better at night was creating a simple spreadsheet tracking every donation - date received, donor name (if they were comfortable sharing), amount, and any notes from the Venmo transaction. I also sent a group message to all the donors explaining that the final donation would be made by [person's name] but was funded by everyone's contributions. This way there was transparency about who would be claiming the tax deduction, and some donors were able to make direct donations to get their own receipts if they preferred. The person who made the final donation should definitely keep the charity's receipt, but consider asking the charity if they can provide a letter acknowledging that the donation came from a group fundraising effort. Some organizations are willing to do this, which helps document the true source of the funds. Also worth noting - if this becomes a regular thing you do, you might want to look into becoming a registered fundraiser in your state, as some states have requirements for people who regularly collect charitable donations on behalf of others.

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This is such a thoughtful approach! The transparency with donors about who would claim the deduction is really smart - I hadn't thought about that aspect. I'm curious about the registered fundraiser requirement you mentioned. Do you know what the threshold typically is for when that becomes necessary? Like if someone does one fundraiser a year versus multiple, or is it based on dollar amounts? I'd hate to accidentally violate state requirements while trying to help a good cause.

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Your friend needs to act fast - the longer he waits, the worse this gets. I've seen similar cases where foreign LLC owners thought they could just ignore US tax obligations, and it rarely ends well. First, he absolutely needs to find out his current status. The IRS transcript request is the fastest way - he can get it online or by fax. If penalties have already been assessed, interest is accruing daily at around 8% annually. Regarding just walking away - this is a terrible idea. Even if he's not planning to return to the US, the IRS has increasing cooperation with foreign tax authorities. Argentina has tax information exchange agreements with the US. Plus, if he ever wants to do business with US entities again or travel here, unpaid tax debts will follow him. The smart move is voluntary disclosure with a reasonable cause statement. For a first-time filer who genuinely didn't understand the requirements, there's a good chance of getting significant penalty relief. But he needs professional help - this isn't a DIY situation given the amounts involved. Don't let him panic into making a decision he'll regret for decades. The IRS would rather have someone in compliance than chase uncollectable debt overseas.

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This is excellent advice. I've been following this thread because I'm dealing with a similar situation with my German business partner's LLC. The key point about Argentina having tax information exchange agreements with the US is something people often overlook - it's not like he can just disappear into the void. @52aa668d89da You mentioned voluntary disclosure with reasonable cause - do you know if there's a specific timeframe where this approach works best? Like, is there a point where waiting too long makes the IRS less likely to accept reasonable cause arguments? Also, for anyone else reading this - the daily interest accrual point is crucial. Even if you think you can negotiate the penalties down, that interest keeps building while you're figuring things out.

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I went through something very similar with my French business partner's LLC last year. The $25k per year penalties are no joke, but there are definitely options before considering just walking away. For checking penalty status without physical mail access, your friend should immediately request IRS transcripts online at irs.gov. He'll need to verify his identity, but this will show exactly what's been assessed against the LLC. The transcript will include any penalties, notices, and payment history. Regarding just not paying - this is really risky even for foreign nationals. The IRS has been getting much more aggressive about international collections, especially with LLCs that have US bank accounts or assets. They can freeze those accounts, file liens, and as others mentioned, tax treaties mean this could follow him internationally. The better path is definitely voluntary disclosure with a strong reasonable cause statement. I've seen cases where penalties were reduced by 70-90% when the taxpayer came forward proactively. Key factors that helped: demonstrating good faith effort to comply, showing it was due to unfamiliarity with US tax law rather than willful neglect, and having a clear plan for future compliance. He should also consider whether the LLC actually had reportable transactions - sometimes the penalties can be challenged if there were truly no reportable events, though this is fact-specific. Get professional help ASAP - the interest meter is running and early action makes all the difference in penalty abatement requests.

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Madison King

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This is really helpful perspective from someone who's actually been through it. The 70-90% penalty reduction you mentioned gives me hope for similar situations. One question - when you say "reportable transactions," are you referring specifically to transactions between the foreign owner and the LLC, or does this include things like the LLC paying regular business expenses? I'm trying to understand if having minimal business activity might actually help reduce the penalty exposure in some cases. Also, did your French partner end up needing to file amended personal returns as well, or was this purely a business-level issue? Trying to get a sense of how complex this gets beyond just the Form 5472.

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Pregnant and being told to claim unemployment instead of maternity leave - legal?

So I'm in a bit of a sticky situation with my small business employer (we're a team of 7 people total). I'm currently pregnant and due in December, and my boss just had a conversation with me about my upcoming maternity leave that has me concerned. They're suggesting that instead of providing paid leave, I should file for unemployment and claim that I was laid off due to business slowdown. They said they'd hold my position for me and give me a return-to-work date in February. They mentioned our sales numbers are genuinely down from last year, so there's a "legitimate" reason they could use if unemployment office checks. When I had my first baby in 2023, they initially suggested the same thing. I tried filing but was honest about having a baby and got denied (obviously). They ended up paying me $400 weekly for the 8 weeks I was out instead. This time they're explicitly telling me NOT to mention my pregnancy and just say I was laid off. They're assuring me I "should get paid no problem" and won't have to report job searching activities. I'm really uncomfortable with this. Two mom friends I asked said this sounds like fraud, and when I privately asked my assistant manager, they agreed it seems sketchy. I'm worried about tax implications too - I'll be claiming a newborn on my taxes for the exact period I was supposedly "laid off." My employer has been good to me in many ways, and I don't want to get them in trouble, but I also don't want to commit fraud. I need income during my maternity leave, but this doesn't feel right. Is what they're suggesting legal? Could I get in trouble? Are there other options I should explore?

Yuki Sato

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This is definitely unemployment fraud and you should absolutely not do this. I work in tax preparation and see the aftermath of these situations regularly. The IRS and state unemployment offices have sophisticated cross-referencing systems that will catch discrepancies between your unemployment claims and tax filings. When you file your 2025 taxes claiming a newborn dependent born in December, but also received unemployment benefits during that same period for being "laid off," that's going to trigger automatic flags in the system. The timeline will be obvious - you can't be actively seeking work while in the hospital giving birth and caring for a newborn. Beyond the fraud issue, there are legitimate options you should explore first. Many people don't realize that short-term disability insurance often covers pregnancy and childbirth recovery. Check your employee benefits package - you might already have this coverage. Also, some states have temporary disability insurance programs that provide partial wage replacement during recovery from childbirth. If your employer is genuinely experiencing financial hardship and can't provide paid leave, they should be honest about that rather than suggesting illegal workarounds. There may be legitimate ways to structure unpaid leave with partial income replacement through proper channels. Document everything about these conversations and consult with an employment attorney if needed. Your employer putting you in this position is problematic on multiple levels.

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Tami Morgan

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As someone new to this community, I really appreciate seeing all these detailed responses about such an important issue. This thread has been incredibly educational - I had no idea how sophisticated the cross-referencing systems are between unemployment and tax filings. @de30959ad4b5 Your point about the automatic flags when filing taxes with a newborn dependent during the same period as unemployment claims is particularly eye-opening. It seems like the technology makes it almost impossible to get away with this kind of fraud, even if someone wanted to try. The consensus here seems clear that what the employer is suggesting is absolutely not worth the risk. I'm curious though - for someone in Carmen's situation, what would be the best first step? Should she start by checking her current benefits package for short-term disability, or would it be better to contact an employment attorney first to document these problematic conversations with her employer? Thanks to everyone for sharing their knowledge and experiences. This kind of information could save someone from making a very costly mistake.

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As someone who's dealt with similar employer pressure in the past, I want to emphasize how important it is to trust your instincts here. You already know this feels wrong, and you're absolutely right to be concerned. What your employer is suggesting isn't just risky - it's a federal crime. Unemployment fraud can result in criminal charges, hefty fines, and having to repay benefits with penalties and interest. The fact that they're explicitly telling you to lie about your pregnancy makes this even more serious. I'd recommend taking these steps immediately: 1. Document everything - follow up any verbal conversations with emails "confirming what we discussed" 2. Review your employee handbook and benefits package for any short-term disability coverage 3. Research your state's pregnancy/disability benefits programs 4. Consider consulting with an employment attorney, especially since your employer is pressuring you to commit fraud Remember, a good employer should be helping you find legitimate solutions, not asking you to break the law. The fact that they've suggested this before shows a pattern of problematic behavior that could put other employees at risk too. Your financial needs during maternity leave are valid and important, but there are legal ways to address them. Don't let your employer's "solution" jeopardize your future financial security and legal standing.

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Has anyone used TurboTax Self-Employed for this kind of situation? I'm wondering if it handles food trucks properly or if I need something more specialized.

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I tried using TurboTax for my similar situation (mobile bakery) and it was OK but didn't really guide me through the vehicle vs. equipment distinction very well. I ended up needing to talk to a tax pro anyway.

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Khalil Urso

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Great question! I went through this exact situation with my food truck last year. Since your truck is stationary and functions as a kitchen rather than transportation, it should definitely be classified as business equipment, not a vehicle. For the $54k total cost, here's what I learned: You can separate the truck base ($29k) from the kitchen equipment ($25k) for depreciation purposes. The kitchen equipment might qualify for faster depreciation schedules than the truck itself. Section 179 vs. regular depreciation really depends on your business income this year. If your food truck business is profitable enough to absorb the full $54k deduction, Section 179 gives you the biggest immediate tax benefit. But if your business income is lower, regular depreciation might be smarter since it spreads the benefit over multiple years when you might be more profitable. Don't forget to keep detailed records of those 15k business miles on your personal vehicle - that's a separate deduction using the standard mileage rate. One tip: Consider consulting with a tax professional who specializes in small food businesses. The classification rules can be tricky, and getting it right the first time will save you headaches later!

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This is really helpful advice! I'm curious about the separation you mentioned between the truck base and kitchen equipment - how do you actually document that split for the IRS? Did you need separate receipts or invoices, or is it okay to estimate the breakdown after the fact? I'm in a similar situation where I bought everything as one package deal from the previous owner.

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I just wanted to add another perspective to this discussion - if you're still having trouble getting your employer to cooperate, you might also want to document the financial impact this has had on you as an F-1 student. When I was dealing with a similar FICA withholding issue, I calculated not just the $2,100 that was incorrectly taken from my paychecks, but also the opportunity cost of that money (like interest I could have earned, or how it affected my ability to pay for textbooks and living expenses). I included this in my formal request to HR, emphasizing that as an international student with limited income sources, these incorrect deductions created genuine financial hardship. Sometimes framing it in terms of the real-world impact on your education and living situation helps HR understand the urgency beyond just the technical compliance issues. They realized that holding onto money that was never legally theirs in the first place was causing actual harm to a student's academic experience. Also, don't forget to keep detailed records of all your communications about this issue - dates, names of people you spoke with, and their responses. If you do end up having to file Form 843 directly with the IRS, having a clear timeline of your attempts to resolve this with your employer will strengthen your case significantly. Good luck with getting this resolved! The combination of proper legal citations, escalation to the right people, and clear documentation of the impact should get you that $2,300 back.

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Zainab Omar

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This is such a comprehensive approach! I hadn't thought about documenting the broader financial impact, but you're absolutely right - as students, that incorrectly withheld money often goes toward essential expenses like rent, groceries, and textbooks. The opportunity cost angle is particularly smart. Even just putting that money in a high-yield savings account would have earned interest over those 10+ months. And for international students who can't easily get credit cards or loans, having cash flow disrupted by incorrect withholding can force difficult choices between academic materials and basic living expenses. I'm definitely going to include a brief section about financial impact in my formal HR request, along with all the regulatory citations others have mentioned. Having both the legal compliance argument AND the human impact story should make it much harder for them to dismiss or delay the correction. Thanks for the reminder about documentation too - I've been keeping screenshots of all my email exchanges, but I should also create a simple timeline document that shows exactly when I discovered the error, when I first contacted payroll, their response, etc. That kind of organized record-keeping will be invaluable if this escalates further.

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Cynthia Love

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I went through almost the exact same situation about two years ago - F-1 student with CPT, employer incorrectly withholding FICA taxes for nearly a year, and payroll initially refusing to fix it. The advice here is spot-on, but I wanted to add one more strategy that really helped me get results. After escalating to HR with all the proper documentation (Form 941-X references, IRS Publication 519, Treasury Regulation citations), I also requested a meeting with both HR and a representative from their legal/compliance team. I framed it as wanting to ensure the company was fully compliant with IRS regulations regarding international employees. During that meeting, I presented a one-page summary showing: 1. The specific IRS regulations requiring FICA exemption for F-1 CPT students 2. The company's legal obligation to correct withholding errors once discovered 3. The potential compliance risks of not correcting known errors 4. The straightforward solution (Form 941-X filings) Having their legal team in the room made all the difference - they immediately understood the compliance implications and directed payroll to process the corrections within two weeks. I think sometimes payroll departments don't realize that refusing to correct known tax errors could expose the company to regulatory scrutiny. The total process took about a month from escalation to receiving my $1,950 refund, but having that legal/compliance perspective really accelerated things. If your company has a legal department or compliance officer, definitely try to get them involved in the conversation.

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Zoe Stavros

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This is brilliant advice about involving the legal/compliance team! I never would have thought to frame it as a compliance risk discussion rather than just a payroll correction request. Getting them to see it from a regulatory liability perspective rather than just "employee wants money back" probably makes them take it much more seriously. The one-page summary format you described sounds perfect - concise, professional, and focused on the company's obligations rather than just the employee's rights. I'm definitely going to adapt this approach when I escalate to HR next week. Do you remember if you included any specific language about potential IRS scrutiny, or did you keep it more general about "compliance risks"? Also, did you find it helpful to suggest the meeting format upfront, or did you start with a written request and then ask for a meeting if they seemed hesitant? I'm trying to figure out the best sequence for escalation that shows I'm serious but not unnecessarily confrontational. Thanks for sharing such a detailed and successful strategy - it's reassuring to know that persistence with the right approach really does work for these situations!

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Dylan Baskin

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I kept the compliance language fairly general - something like "ensuring full compliance with IRS regulations for international employee taxation" and "addressing potential regulatory concerns regarding known withholding errors." I found that being too specific about penalties or scrutiny could come across as threatening, which might make them defensive rather than cooperative. For the sequence, I actually started with a formal written request to HR that included a line like "I would welcome the opportunity to discuss this compliance matter with the appropriate team to ensure a prompt resolution." This let them know I was open to a meeting while still documenting everything in writing first. When they responded (somewhat reluctantly), I then suggested including their compliance/legal team "to ensure we're addressing all regulatory requirements properly." The key was positioning myself as helping them stay compliant rather than challenging them. I even said something like "I want to make sure we handle this correctly to protect the company from any potential issues with the IRS." It's amazing how much more receptive people become when you frame it as being on the same team working toward proper compliance rather than adversaries fighting over money. One more tip - I brought printed copies of all the relevant IRS publications and regulations to the meeting, already highlighted and tabbed. Being that prepared really reinforced that this was a serious compliance matter, not just a casual request.

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