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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Ava Thompson

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Just a heads up, if they're controlling when and how you work (scheduled shifts, supervision, etc.), you're almost certainly misclassified. Companies do this ALL THE TIME to save money. I was in the same situation with a call center job last year. After filing the SS-8 form, the IRS determined I was an employee, not a contractor. The company got hit with back taxes and penalties, and I got a nice refund check for the extra self-employment taxes I paid! Don't let them get away with it!!

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Did the company retaliate against you at all for filing that form? I'm scared my employer will fire me if I challenge the classification.

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That's actually a great question @Miguel Herrera. Companies can't legally retaliate against you for filing an SS-8 form - that would be considered illegal retaliation. However, if you're already concerned about job security, you might want to wait until you have another position lined up before filing, just to be safe. The IRS keeps SS-8 filings confidential initially, and the determination process can take several months. By the time your employer finds out (if they do), you'll have had time to secure your situation. Plus, if they did try to fire you for it, that would actually strengthen your case that you were misclassified since independent contractors can't be "fired" the same way employees can. @Ava Thompson - How long did it take to get your determination back from the IRS? And did you continue working there during the process?

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NebulaNinja

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This is exactly why I always tell people to be very careful about contractor classifications! The key thing to remember is that being classified as 1099-NEC means you're paying both the employer AND employee portions of Social Security and Medicare taxes (15.3% total), whereas W2 employees only pay 7.65% with their employer covering the other half. Based on your description - having supervisors, following their schedule, taking calls during set shifts - you sound like you might be misclassified. True independent contractors typically have more control over how, when, and where they do their work. The good news is that if you are misclassified and can prove it through Form SS-8, you could get back thousands in overpaid self-employment taxes. The IRS looks at factors like behavioral control, financial control, and the type of relationship you have with the company. Your situation has several red flags for employee classification rather than contractor.

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This is really helpful information! I'm dealing with a similar situation where my employer has me on a strict schedule and I have to follow their procedures exactly, but they're paying me as a 1099 contractor. The difference in tax burden is shocking - I had no idea I was paying both portions of Social Security and Medicare taxes. One question though - if I file Form SS-8 to challenge my classification, how long does it typically take to get a response from the IRS? And do I need to wait for that determination before I can file Form 8919 to potentially reduce my current tax bill? I'm trying to figure out if there's anything I can do for this tax year or if I need to wait for next year's return.

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Myles Regis

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I went through this same problem last year! Tax laws are so confusing... I used TurboTax Free Edition and it walked me through everything. Since your income is under $12k, you should qualify to file completely free. Just make sure you go directly through the IRS Free File program so you don't get upsold on paid services.

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Brian Downey

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Be careful with TurboTax! They try to upsell you constantly. I recommend FreeTaxUSA instead - it's completely free for federal filing and only $15 for state. Much more straightforward.

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Isla Fischer

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I've been helping people with tax questions for years, and yes, you absolutely need to file. Unemployment compensation is 100% taxable income at the federal level, regardless of the amount. The $12,000 filing threshold doesn't apply when you have unemployment income - it's always reportable. The silver lining is that with your low total income ($11,230), you'll likely qualify for the Earned Income Tax Credit (EITC) which could actually get you money back even though you didn't have taxes withheld. The EITC is designed to help working people with low to moderate income, and your W-2 wages of $650 plus the $180 contractor work should qualify you. Also, don't forget about the standard deduction of $13,850 for 2023. Your income is actually below that threshold, so you might not owe any federal tax at all, but you still need to file to report the unemployment and claim any credits you're eligible for. I'd recommend using the IRS Free File program since your income qualifies you for completely free tax preparation software. Don't let anyone charge you for filing with your income level!

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Amina Toure

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What mileage tracking app do you guys recommend? I'm terrible at remembering to log my trips.

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I've been using MileIQ for the past 2 years and it's been a lifesaver. It automatically tracks your drives and you just swipe left for personal or right for business. Takes like 2 seconds per trip and it creates IRS-ready reports.

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Kaylee Cook

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Just want to add another perspective here - I'm a tax preparer and see this situation all the time. The key thing that trips people up is understanding what constitutes a "principal place of business." The IRS looks at two main factors: (1) where you spend the most time conducting business activities, and (2) the relative importance of the activities performed at each location. Even if you spend more time at client sites doing the actual service work, if your home office is where you do the administrative and management activities that are essential to your business (scheduling, bookkeeping, client communications), that can still qualify as your principal place of business. StarSailor, based on what you've described - doing all your scheduling, client calls, and paperwork from a dedicated home office - you should be good to go for the mileage deduction. Just make sure you're consistent about using that spare bedroom exclusively for business and keep good records of both your mileage and your home office use. One more tip: consider also claiming the home office deduction itself! If you're using that spare bedroom exclusively for business, you can deduct either actual expenses (percentage of utilities, rent/mortgage interest, etc.) or use the simplified method ($5 per square foot up to 300 sq ft). Many people miss this additional deduction.

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The key thing missing from this whole conversation is the home office deduction. If u have a qualifying home office, then u can deduct miles from home to work sites because ur traveling from one business location to another. Without a qualifying home office, ur always "commuting" to the first location. So before worrying about vehicle deduction, make sure u have a legitimate home office (used regularly and exclusively for business). My accountant verified this saved me like $3800 last year on my taxes.

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Zara Ahmed

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This is the correct answer! I do handyman work and was able to deduct all my miles between jobs once I properly set up a dedicated home office space that I use only for business (scheduling, invoicing, etc).

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Exactly! The home office is the game changer for self-employed people. Just remember the "exclusive use" test - that room or space can't be used for anything else. You can't claim your dining room table as a home office if you also eat there. The IRS is pretty strict about this.

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Great discussion everyone! As someone who's been self-employed for 5 years, I want to emphasize something that really helped me understand this: think of it as WHERE your business day starts, not what kind of vehicle you have. If you work from home (with a qualifying home office), your business day starts at home - so driving to clients/jobs is business travel. If you rent office space or have a shop, your business day starts there - so driving TO that location is commuting, but driving FROM there to other business locations is deductible. The "100% business vehicle" thing is a red herring - it just means you use that vehicle only for business purposes (never personal trips). It doesn't magically turn commuting miles into business miles. The IRS cares about the PURPOSE of the trip, not the vehicle. One more tip: if you're borderline on whether your home office qualifies, it's worth consulting a tax professional. The deduction potential is huge, but the IRS requirements are specific and strictly enforced.

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Arjun Kurti

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This is such a helpful way to think about it! I've been overthinking the vehicle designation part when really it's all about where my business operations actually begin. I think I need to get serious about setting up a proper home office since most of my work involves traveling to different client locations anyway. Do you know if there's a minimum amount of space required for the home office, or is it more about the exclusive use requirement?

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Kaiya Rivera

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Just wanted to add that timing matters for when you can claim these benefits! For special needs adoptions, the credit is available in the year the adoption is finalized. But employer benefits can sometimes be available earlier - like during the "placement" period before finalization. If your employer offers benefits for expenses during placement, you might be able to get some financial help sooner. Check your employer plan details. Then when you finalize the adoption, you can claim the full tax credit regardless of expenses (for special needs adoptions). Also, if you can't use the full adoption credit in one year because your tax liability is too low, remember the credit can carry forward for up to 5 years. Super helpful for many adoptive families!

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Adding to this - I learned the hard way that the adoption credit is non-refundable. I was counting on getting money back but instead it just reduced what I owed to zero and the rest carried forward. Important to budget for this if you're expecting a refund from it!

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Eli Butler

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This is such valuable information, everyone! As someone who works with adoptive families regularly, I want to emphasize how important it is to understand that special needs adoptions from foster care are treated differently than private adoptions for tax purposes. The key distinction is that "special needs" for tax purposes doesn't necessarily mean the child has disabilities - it means they meet certain criteria that make them harder to place (like age, ethnicity, sibling groups, or medical conditions). Most children adopted from foster care qualify as "special needs" for tax purposes. One additional tip: Make sure you get proper documentation from your adoption agency or state that confirms the special needs designation. You'll need this for your tax filing. The IRS can request this documentation, so keep it with your tax records. Also, don't forget that if you adopt siblings, you can claim the full credit amount for EACH child - so potentially over $30,000 in tax credits for two children, plus whatever your employer benefit provides. It's really significant financial support that can help offset the costs and lost income during the adoption process.

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This is incredibly helpful information! I had no idea that most foster care adoptions qualify as "special needs" for tax purposes regardless of whether the children have actual disabilities. That's a huge relief to know. Do you happen to know what specific documentation we should be looking for from our agency to prove the special needs designation? Our caseworker mentioned something about this but I want to make sure we get the right paperwork. Also, the sibling credit information is amazing - I hadn't realized we could potentially get the full credit for each child separately! One quick question - when you mention "lost income during the adoption process," are there any tax implications for unpaid leave taken for adoption that we should be aware of? We're both planning to take some time off when the kids are placed with us.

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