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Quick tip: start documenting EVERYTHING now. Save emails about your schedule, take screenshots of your timesheets, note when you're using company equipment, save any communications about how they want work done. If your boss ever refers to you as an "employee" in writing, save that too! I went through a misclassification case that took 11 months to resolve, and what made the difference was having a paper trail showing how much control the company had over my work. The company tried claiming I had "independence" but I had emails showing they dictated my hours, location, and exactly how they wanted projects completed.
This is the real key right here. I didn't have good documentation and my case got stuck in limbo. Question though - did you have any issues with looking at or downloading company emails after you started the process? Worried about accessing my work account if things get tense.
Great question about email access - that's something I worried about too. I made sure to forward key emails to my personal account early on, but I was careful to only save things that directly related to my work classification (not confidential company info). Once I started the SS-8 process, I stopped accessing work email from home and only checked it during work hours to avoid any appearance of impropriety. My employer never restricted my access, but I wanted to be extra cautious. Pro tip: if you have a work phone where they text you about schedules or assignments, screenshot those too. Text messages showing them directing when and how you work are pure gold for proving employee status. Also save any handbook pages or policies they expect you to follow - true contractors don't typically have to follow employee handbooks. The documentation really is everything. I had over 40 pieces of evidence showing behavioral control, and it made my case rock solid.
Looking at your transcript, the 570 code from March 20th typically indicates the IRS is reviewing your return for accuracy - this is pretty common with Head of Household filers claiming EIC, especially with the amount you're getting ($3,533). The good news is your refund amount of $5,784 is already calculated and shows as a credit balance. Since it's been several weeks already, you should expect movement soon. Keep checking your transcript weekly for a 971 code (notice issued) or 846 code (refund issued). The 971 usually comes first if they need additional verification from you. One thing I noticed - your transcript shows the credits dated April 16, 2023, but you mentioned this is from March 20, 2023. Just want to make sure you're looking at the right tax year's transcript (2022). If this timeline seems off, double-check you have the correct year selected. Most 570 holds resolve within 6-8 weeks without any action needed from you. Hang in there! π€
Has anyone here dealt with the green card application and its tax implications? I'm in a similar situation where I'm working in Canada but dating someone in the US and considering applying for a green card in 2025.
I went through this last year. Just having an approved I-140 (petition) doesn't make you a tax resident. You become a resident for tax purposes on the first day you're present in the US as a permanent resident (when you actually get the physical green card). But here's what many don't realize - once you GET the green card, you're a US tax resident even if you live outside the US! Unless you formally abandon it or take a treaty position, you'll have to report worldwide income to the US forever, even living abroad. Think carefully before applying!
I'm in a somewhat similar situation - moved from the US to the UK after my F-1 status and dealing with the complexity of dual tax obligations. A few additional points that might help: Regarding your question about proactive reporting - while you don't need to formally notify the IRS of your move, make sure you update your address with them using Form 8822. This ensures any correspondence reaches you in Germany. For the dual-status vs full-year resident question, consider the timing of your German employment start. If you began earning German income in November, a dual-status return might actually be more beneficial since you can exclude the German-sourced income from the non-resident portion of the year, potentially reducing your US tax liability. One thing to watch out for - if you're planning frequent US visits, keep detailed records of your entry/exit dates. The substantial presence test can be tricky with multiple short visits, and you'll need accurate day counts for Form 8840 if you claim the closer connection exception. Also, don't forget about potential German tax obligations on your 2024 US income. Germany generally taxes worldwide income for residents, so you might need to report your pre-November US earnings there too. The US-Germany tax treaty should prevent double taxation, but the paperwork can be complex. Good luck with everything! International tax compliance is definitely not straightforward, but staying organized with documentation will save you headaches later.
Heads up - make sure to keep an eye out for a plain white envelope. Its not obviously from the IRS on the outside. I almost threw mine away thinking it was junk mail lol
I got mine about 6 business days after the mail date showed up on WMR. I'm also in CA (Bay Area). The wait is definitely nerve-wracking but it should show up soon! Just keep checking your mail daily like you're doing.
That's reassuring to hear from another CA person! Bay Area too so hopefully similar timing. Did you get any tracking info or did it just show up one day?
Mei-Ling Chen
Does your state have separate requirements for partnership LLCs? In my state, I had to file state-specific forms in addition to the federal 1065 and K-1s. Some states impose their own penalties for late filing too.
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SofΓa RodrΓguez
β’Good point! Here in California, we had to file Form 565 for our partnership along with the federal forms. The state penalties were actually worse than the federal ones in our case.
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Gabriel Ruiz
Don't panic - this is fixable! As others have mentioned, you'll need to file Form 1065 for each year you missed, which will generate the K-1s that TurboTax is asking for. The K-1s are absolutely required - they show each partner's share of income, deductions, and credits that flow through to your personal returns. Here's what I'd recommend doing immediately: 1. Gather all your business records (income, expenses, bank statements) for 2021-2023 2. File Form 1065 for each missed year starting with 2021 3. The 1065 will automatically generate Schedule K-1s for both you and your husband 4. Use those K-1s to complete your personal tax returns You can file late returns yourself using tax software or hire a CPA who specializes in partnerships. While there will be penalties (around $210 per partner per month late), getting compliant now is much better than continuing to avoid it. The IRS is generally reasonable about penalty relief for first-time offenders who show good faith effort to correct the situation. Also check if your state requires separate partnership filings - many do, and you'll want to get those caught up too.
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