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My advice would be to get this spelled out clearly in your custody agreement. My ex and I went through this exact situation and we ended up including a specific tax arrangement in our custody agreement that we both had to follow. We agreed to alternate years for claiming our daughter, regardless of the custody split (I have her 40% of the time). Having it in a legal document solved all the arguments and confusion. The judge was totally fine with it since we both agreed. If you can work this out with your ex before finalizing the custody agreement, it'll save you years of headaches!
Can the custody agreement override the IRS rules? Like if the agreement says the non-custodial parent can claim the kids but they don't have the Form 8332, does that still work with the IRS?
The custody agreement itself doesn't override IRS rules, but it creates a legal obligation between you and your ex. For the IRS to recognize the non-custodial parent's right to claim the child, you still need Form 8332 or similar documentation. What works well is having the requirement to sign Form 8332 explicitly stated in your custody agreement. This way, if the custodial parent refuses to sign it when they're legally obligated to by the court order, you have recourse through family court. It's essentially a two-step process: the custody agreement creates the legal obligation between parents, and Form 8332 satisfies the IRS requirements.
Don't make the mistake I did! My ex and I had a verbal agreement that I'd claim our son even though he lived with her more (I paid all the support). Come tax time, she claimed him anyway and I got audited when I also claimed him. The IRS sided with her because she had him more nights and we didn't have anything in writing. Cost me over $3200 in tax benefits plus penalties.
Make sure you keep track of ALL your expenses during those two weeks! Since they misclassified you, those are potential tax deductions if you end up having to file as self-employed. Track mileage (the IRS rate is like 65.5 cents per mile for 2023), cell phone usage for work, any supplies or materials you bought. Even if you get reclassified as an employee later, having this documentation is super important. I'd suggest creating a spreadsheet with dates, mileage, purpose of trips, and any receipts for work-related expenses. Take photos of receipts before they fade too!
Thanks for the advice on tracking expenses. I've actually been keeping all my gas receipts and noting my mileage in my phone. It was about 480 miles total over the two weeks just for work-related driving. I also had to buy some office supplies they claimed would be provided but weren't. Do you know if I can still claim these deductions if I file the misclassification complaint? I'm worried about doing something wrong on my taxes while this is all getting sorted out.
You can still document all these expenses while your misclassification complaint is pending. The best approach is to keep everything organized as if you will need to file Schedule C (self-employment), but hold off on actually filing until you get a determination on your status. If the IRS rules that you were misclassified as a contractor and should have been an employee, the company will be responsible for their portion of FICA taxes (the employer half of Social Security and Medicare taxes). In that case, you'd file as an employee with a W-2 that the company would be required to provide, and many of those business expenses wouldn't be deductible anymore under current tax law for W-2 employees.
Have you checked if your contract has an arbitration clause? A lot of these shady companies include language that forces you into arbitration instead of court. Read the fine print of anything you signed! Also check if there's a class action against them already - these companies usually do this to lots of people.
Even with arbitration clauses, labor board complaints are still valid in most states! Companies can't contract around labor laws. Had this exact situation and still won my case through the state despite the arbitration clause.
You're absolutely right! I should have been clearer about that. Labor board complaints and tax filings with the IRS are still options regardless of arbitration clauses, as these are government agencies enforcing laws rather than private litigation. What I meant was that if the OP is considering a private lawsuit for things beyond just wage claims (like potential fraud or other civil claims), that's where arbitration clauses can create hurdles. But you're 100% correct that for the core issues of misclassification and wage theft, the state labor board is still a valid path forward regardless of what the contract says.
I'm a rideshare driver and my tax person almost made a similar mistake last year. The key is understanding that you have to choose either: 1. Standard mileage rate (67 cents per mile for 2024) which covers EVERYTHING related to your car 2. Actual expenses where you add up all receipts, maintenance, depreciation, etc. For most people driving less than like 15,000 business miles, the standard deduction is way easier. The mistake happens when software lets you input both standard mileage AND actual expenses, then it messes up the calculation.
What about if I drive a lot but also had a major repair? I did about 20,000 business miles last year but also had to replace my engine for $7,000. Which method would be better for me?
For 20,000 business miles at the standard rate, you'd get about $13,400 in deductions (20,000 Ć $0.67). To determine if actual expenses are better, you need to add up everything: the $7,000 engine replacement plus all your gas, insurance, maintenance, repairs, and depreciation for the year. If your total actual expenses exceed $13,400, then the actual expense method would give you a better deduction. But remember, if you choose actual expenses in the first year you use the vehicle for business, you're generally stuck with that method for the life of the vehicle.
$128k in vehicle expenses would mean you're spending about $32 PER MILE driven lol. Just to put that in perspective, even a Lamborghini doesn't cost that much to operate! š That's definitely a software error. Double check all your inputs and maybe try a different field. Sometimes these tax programs have weird glitches where typing in one field affects a completely different calculation.
OMG when you put it that way ($32 per mile) it makes the error even more obvious! I went back and checked everything and found the problem. When entering my mileage, I also had "actual expenses" checked in a different section. Once I unchecked that and just used standard mileage, the number went from $128,439 down to $2,680. Huge difference! My refund is smaller now but at least I won't be getting audited for claiming I spent more on my van than it's actually worth š Thanks everyone for the help!
Another tip for Path filers - make sure you're looking at the right transcript! There are 4 different types and the Account Transcript is the one that shows refund info. I was confused at first because I kept checking the Return Transcript which doesn't show processing or refund dates. Also, if you see code 570 (additional account action pending) followed by 971 (notice issued), don't panic! That often means they're just verifying something and a release code (571) usually follows within a week or two.
What about code 846? I see that on mine with a date of 3/5/25 but WMR still shows processing. Does that mean I'm getting my refund on 3/5?
Code 846 is exactly what you want to see! That's the "refund issued" code, and the date next to it is when the IRS will release your refund. So yes, your refund should be sent on 3/5, though it might take 1-3 business days after that to show up in your bank account depending on your bank's processing time. The WMR tool often lags behind the transcript updates, so it's totally normal for your transcript to show a refund date while WMR is still on processing. Your transcript is the more accurate source.
Has anyone received their Path refund earlier than the date shown on their transcript? Mine shows 3/7 but I'm hoping it might come sooner!
I actually got mine a day earlier than the transcript date! Transcript said 2/28 but it hit my bank on 2/27. I think it depends on your bank though.
Andre Lefebvre
I'm a bit confused about something - when calculating the $10,000 threshold for FBAR filing, do we look at the total value of all foreign accounts combined, or does any single account need to exceed $10,000? I have several small accounts in my home country that individually stay under $10K but combined might go over.
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Luca Greco
ā¢It's the combined total of all your foreign financial accounts at any point during the year. So if the aggregate (combined) maximum value of all your foreign accounts exceeded $10,000 at any time during the calendar year, you need to file an FBAR - even if no single account ever exceeded $10,000. For example, if you have three foreign accounts with maximum balances of $4,000, $3,000, and $4,000 during the year, your aggregate maximum would be $11,000, triggering the FBAR filing requirement. The key is to look at when all accounts were at their highest, even if that happened on different days.
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Andre Lefebvre
ā¢Thank you for clarifying! I definitely need to file then. I've had 5 accounts in my home country for years and never filed because each one stays small, but together they're definitely over $10K. Better late than never I guess?
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Zoe Dimitriou
Quick tip from someone who's dealt with delinquent FBARs before - when you file late, make sure you keep records of WHEN you filed the late FBAR. Take screenshots of your submission confirmation and save the confirmation email/number. I had an issue where the IRS claimed they never received my late filing, but I had all the proof of submission with dates and times. Saved me from potential penalties. Just a suggestion for the original poster!
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Zara Malik
ā¢That's actually super helpful advice! I wouldn't have thought to document everything like that. Will definitely save all confirmation emails and screenshots when I submit. Did you mail your FBAR or file electronically? I'm assuming electronic is better for creating that paper trail?
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Zoe Dimitriou
ā¢Definitely file electronically - it's the only option now anyway. The FinCEN BSA e-filing system will give you a confirmation receipt with a BSA Identifier number immediately after submission. Save that PDF confirmation right away and also take screenshots of the successful submission page. Electronic filing creates a much better trail than paper ever did, plus it processes much faster. Just make absolutely sure all your information is accurate before submitting, especially account numbers. Simple mistakes can cause headaches later.
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