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Don't panic - this happens all the time. The IRS has a program called the Voluntary Classification Settlement Program (VCSP) that might help you. It lets employers who've been treating workers as independent contractors reclassify them as employees with reduced penalties. You'll definitely need to file Schedule H, but also look into Form SS-8 (Determination of Worker Status) and Form 8919 (Uncollected Social Security and Medicare Tax on Wages). Your babysitter did the right thing by reporting the income correctly. The good news is that since she reported it, you're less likely to face an audit specifically for this issue.
Thanks for mentioning the VCSP program. I'll definitely look into that along with Schedule H. Would you recommend I also file the SS-8 form, or is that something my babysitter would need to do? And do I need to worry about state taxes too, or just federal?
The SS-8 form is typically filed when there's a dispute about worker classification. Since you both agree she's a household employee, you probably don't need to file it. It's more important to focus on the Schedule H and getting caught up on the employment taxes. Yes, you absolutely need to look into state taxes as well. Most states have their own version of unemployment taxes for household employers, and the thresholds can be different from federal requirements. Check with your state's employment department as soon as possible, as they may have separate filing requirements and potential penalties.
Just went through this whole mess last year. One tip - if you file Schedule H late, be sure to include an explanation letter with your filing. Explain that you weren't aware of the household employee requirements and that you're voluntarily coming into compliance now that you understand your obligations. Also, keep in mind that you might be able to claim the Child and Dependent Care Credit for the payments to your babysitter (Form 2441), which could offset some of the additional taxes you'll owe. But you'll need to get your babysitter's SSN and make sure everything is properly documented.
Would the Child and Dependent Care Credit still apply if the babysitter was watching my sister's kids at my house? I paid her but they weren't my dependents.
No, the Child and Dependent Care Credit only applies if you're paying for care for your own qualifying dependents (your children under 13 or disabled dependents/spouse). If you were paying for childcare for your sister's children and they aren't your dependents, you can't claim the credit. Your sister might be able to claim it though, if she can document that she reimbursed you for the childcare expenses and meets the other requirements for the credit.
Another option is to use Form 8275 (Disclosure Statement) to explain the situation. I had a similar issue and my accountant included this form explaining that I only had employer coverage and the Premium Tax Credit flag was in error. We e-filed with this form attached and it went through without a problem.
Does Form 8275 work even when the e-file system is giving the specific rejection code about the Premium Tax Credit? I thought those automated rejections couldn't be overridden with explanation forms.
Yes, it can work depending on the specific rejection code. The Form 8275 creates a "soft override" for certain validation checks. It won't work for all rejection codes, but for Premium Tax Credit mismatches where there's a discrepancy between what the IRS thinks and your actual situation, it can be effective. The key is properly documenting your explanation with supporting details. In my case, we included my employer's EIN, coverage dates, and policy numbers to prove I had continuous employer coverage and never received PTC. If your tax software doesn't allow attaching Form 8275 to e-file, then mailing is still your best option.
I just want to add that if you DO end up paper filing, make sure to send it certified mail with return receipt! The IRS is notorious for "losing" paper returns, and having proof of delivery can save you from penalties if they claim they never received it.
100% this! My brother's return got "lost" last year and he had to deal with failure-to-file notices. Since he didn't have proof of mailing, it was a huge hassle. Certified mail is absolutely worth the extra $5.
Has anyone had experience with how this works if there's a trust involved? My accountant suggested putting our VOO and other index funds into a revocable living trust instead of relying on beneficiary designations or estates. Supposedly this gives more control?
My parents went the trust route and it was incredibly smooth when my dad passed. The shares transferred to my mom without liquidation or going through probate. The main advantage seemed to be that the trust provided clear instructions about everything, not just the investments. They did have to retitle all their accounts into the name of the trust though, which took some paperwork.
Just a quick thought - I learned from my own expensive mistake that you should verify your brokerage's policies regularly. My mom had VTSAX shares at Vanguard with my sister as beneficiary, but when Vanguard transitioned some account management to another firm, their beneficiary policies changed. We didn't realize until after she passed, and it created a huge headache. Whatever you decide, get the current policy in writing and review it annually to make sure nothing has changed. Policies differ between brokerages and can change over time.
One thing to keep in mind - when you apply for ITINs with your tax return, your refund will be held until the ITINs are processed. Last year this took almost 4 months for my brother's kids! If you need your refund quickly, you might want to consider applying for the ITINs separately before filing your tax return.
Thanks for mentioning this! I hadn't considered the refund delay. Do you know if there's any way to apply for the ITINs now, before tax season starts, so everything's ready when I file?
Yes, you can absolutely apply for ITINs before tax season! You'll need to submit the W-7 forms along with your federal tax return, but you can do this outside of tax season. You'll include a note explaining that you're applying for ITINs for the purpose of filing tax returns in the future. The advantage is that once the ITINs are assigned, you'll be able to file your 2025 tax return normally without delays in processing or receiving your refund. Given that ITIN processing is typically slower during peak tax season, applying now could save you significant waiting time.
Whatever you do, DONT mail original documents to the IRS if you can avoid it!!! My cousin did this for her kid's ITIN application last year, and it took 8 months to get her daughter's birth certificate back. Use a certified acceptance agent who can verify the documents on the spot so you keep your originals.
Is there a directory or something where you can find certified acceptance agents in your area? I'm in a small town and not sure if we even have any nearby.
Gemma Andrews
Just wanted to add one thing no one has mentioned yet - if your total self-employment income is under $433 for 2024, you don't have to pay self-employment tax at all! So depending on how much you made from these trials total, you might not have to worry about that 15.3% tax everyone's talking about. Also, there's a simplified version of Schedule C called Schedule C-EZ that you might be able to use if your business expenses are under $5,000 and you meet a few other criteria. Makes the whole process much less painful.
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Darren Brooks
ā¢Thanks for this info! Just to clarify, my total from all the trial work was about $540 for the year. Does that mean I definitely have to pay the self-employment tax? And is Schedule C-EZ still available? I thought I read somewhere that the IRS discontinued it a few years ago.
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Gemma Andrews
ā¢Since your total is over $400, you would need to pay self-employment tax on that $540. It's 15.3% which comes out to about $82.62 in additional tax. You're right about Schedule C-EZ - I apologize for the confusion. The IRS did discontinue it after 2019. You'll need to use the regular Schedule C, but with such a straightforward situation and minimal income, it shouldn't be too complicated. Just list each payment as income and any legitimate expenses you had related to earning that income.
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Pedro Sawyer
has anyone here actually gotten audited over small amounts like this? I made like $300 doing some test articles for a blog and honestly wasnt planning to report it at all. they didnt send me any tax forms and paid me through venmo. feels like more trouble than its worth tbh
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Mae Bennett
ā¢Technically you're supposed to report all income regardless of the amount or whether you received a tax form. But realistically speaking, the IRS isn't likely to audit someone over $300. They typically focus on much larger discrepancies. That said, if you're ever audited for other reasons, they could discover this unreported income. Your call, but personally I report everything just to avoid potential headaches later.
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