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Something else to consider - if your helper is truly making less than $15,000, you might want to look into the nanny tax rules which can sometimes apply to small businesses with just one employee. The threshold is pretty low (around $2,400/year), but if they qualify, you can use Schedule H with your personal tax return instead of filing separate business employment tax returns.
Wait, I thought the nanny tax was just for household employees like babysitters and housekeepers? Would that apply to someone helping with my actual business? It's a small woodworking operation if that makes a difference.
You're right - I should have been more clear. The nanny tax specifically applies to household employees, not business employees. For a woodworking business, your helper would be considered a regular employee. In your case, you'll need to follow standard employment tax procedures, including getting an EIN, filing quarterly 941 forms for federal tax withholding, and annual W-2/W-3 forms. Most states also require quarterly unemployment tax filings. Since you mentioned woodworking, make sure you have proper workers' compensation insurance too - it's especially important in trades with injury risks.
Just to add my two cents - I used to pay my part-time helper in cash for my Etsy business and got hit with penalties when the IRS figured it out. If they're making $11-15k, you definitely need to be withholding and paying employment taxes. Has anyone had success with those online payroll services like Gusto or Square Payroll for a super small business? Worth the monthly fee or overkill?
I use Square Payroll for my small business with 2 part-time employees. It's about $35/month plus $5 per employee. Totally worth it IMO. They handle all the tax calculations, filings, and W-2s automatically. You just enter hours and pay rate, and it does everything else. Much better than trying to figure out all the withholding calculations yourself.
I'm a foster parent looking into adoption and have been researching the tax implications. From what I understand, you should definitely file an amended return for the year where the credit incorrectly reduced your AGI. Here's why: 1. The adoption credit is a non-refundable credit that reduces your tax liability, not your income 2. The full amount is reported in year one, but only used up to your tax liability 3. The unused portion carries forward for up to 5 years 4. Each subsequent year, you only report the carryforward amount on Schedule 3 If you don't correct the error, it could cause issues if you're audited since your AGI affects many other tax calculations and credits.
Thanks for the explanation! Would you happen to know which form I need to use to amend last year's return? And do you know if this is something that might trigger an audit?
You'll need to file Form 1040-X to amend your previous return. You'll have to submit it by mail (can't e-file amendments for 2022 returns anymore), and you should include a corrected Form 8839 and any other schedules that were affected by the AGI change. Filing an amended return doesn't automatically trigger an audit. In fact, correcting the error yourself is better than having the IRS discover it later. Make sure to clearly explain in Part III of Form 1040-X that you're correcting an error in how the adoption credit was applied - it was incorrectly used to reduce AGI instead of being properly applied as a credit against tax liability. Just be aware that the higher AGI on your corrected return might affect other income-based calculations, so you may need to adjust other credits or deductions that depend on AGI.
I wonder if ur tax sofrware is the problem?? I used TurboTax last year for my foster-adopt situation and it did everything correct with the adoption credit. Maybe try a different program this year???
I've had good experience with H&R Block software for adoption credits. Their interview process specifically asks about special needs adoptions and walks you through the credit and carryforward process. Might be worth trying if TurboTax gave you issues.
My cousin is an international tax attorney and always says that most people overlook FATCA requirements with foreign inheritances. Make sure you're also looking at whether you need to file Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts) if this counts as a foreign gift exceeding $100,000. The penalties for missing these international reporting requirements can be brutal - like $10,000+ just for missing the filing. Also, France might have already taken inheritance tax depending on your relationship to your father. You might need to look into foreign tax credits if you paid tax in France.
Wait, there's ANOTHER form beyond FBAR and 8938?? How many of these things do we need to file for foreign money? And does the $100,000 threshold apply to inheritances too or just gifts?
Yes, Form 3520 is specifically for reporting large foreign gifts and inheritances exceeding $100,000 from a nonresident alien (like your foreign father). It's separate from the FBAR and Form 8938, which are specifically for reporting the foreign accounts themselves. The $100,000 threshold absolutely applies to inheritances as well as gifts. Many people miss this form because they focus on the FBAR requirements but don't realize gift/inheritance reporting is separate. The penalty for not filing can be 5% of the gift amount per month up to a maximum of 25%, which on your inheritance could be substantial.
Has anyone actually used a specific accountant or firm for this kind of situation? I'm dealing with an inheritance from Greece and would rather just pay someone to handle everything correctly than try to figure it all out myself.
Don't overlook local taxes when figuring out nexus issues! I learned the hard way that some states like Colorado and Louisiana have local tax jurisdictions that require separate registrations even after you've dealt with state-level nexus. Had to pay penalties because I thought state registration covered everything.
Is there any resource that lists which states have these additional local requirements? I'm trying to be proactive but there's so much conflicting info out there.
There's no perfect single resource that I've found, but the Sales Tax Institute has a good overview of "home rule" states where local jurisdictions can administer their own sales taxes. Colorado, Alabama, Louisiana, and Alaska are the major ones to watch for. Arizona and Idaho also have some local peculiarities. The worst offender is definitely Louisiana with over 60 different local tax authorities. When you register with the state, they'll usually provide information about local requirements, but it's easy to miss if you're not paying attention to all the documentation they send.
Random question that's semi-related - has anyone used TaxJar or Avalara for managing all these nexus issues? I'm trying to decide between them for my business and wondering which one handles the economic nexus thresholds better?
I've used both. Avalara is more comprehensive but also more expensive and complicated to set up. TaxJar is more user-friendly for smaller businesses but might not have some of the advanced features. For just tracking economic nexus thresholds, both do a decent job, but I found TaxJar's alerts about approaching thresholds to be more helpful.
Daniel Rivera
Something important to remember - the IRS has a 3-year statute of limitations for assessments and a 10-year statute for collections. So depending on how far back your unfiled returns go, there might be different considerations.
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Logan Chiang
ā¢Can you explain more about what this means? My unfiled return is just from last year, so does that affect anything?
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Daniel Rivera
ā¢Since your unfiled return is only from last year, you're well within the 3-year assessment period. This means the IRS has 3 years from the date you file to audit your return and assess additional taxes if they find issues. The 10-year collection statute doesn't start until taxes are assessed, which happens after you file. Once assessed, the IRS has 10 years to collect. For most people with straightforward tax situations and relatively small balances like yours, audits are unlikely. The important thing is just getting current with your filings, which you're planning to do.
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Sophie Footman
Also worth noting - if you're owed a refund from any of those years, you only have 3 years from the original due date to claim it. After that, you lose the refund forever. So file ASAP if you think you might be owed money for any year!
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