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Has anyone used the IRS Business Tax hotline instead of the general number? I found it to be much more effective for Form 1125-A issues since those reps understand COGS and inventory methods better. The number is 800-829-4933. Also, make sure you're specifically requesting a "correction" rather than an "amendment" when you talk to them. In my experience, using the wrong terminology can send you down a much longer path.
What's the difference between asking for a "correction" vs an "amendment"? I always thought they were the same thing when it comes to tax returns.
There's actually a big difference! A "correction" is for when the IRS made an error in processing your return (like in this case where they entered data incorrectly). An "amendment" is when you need to change something that was incorrect on your original submission. Corrections are processed through their error resolution department and typically take weeks rather than months. Amendments require filing a new form (1040-X for individuals or 1120-X for corporations) and can take 6+ months to process. Since this is clearly an IRS data entry error, you want the faster correction process.
Quick tip from someone who's been through this exact issue: Take screenshots of your originally filed Form 1125-A from your tax software before sending anything! I had a similar problem last year and the IRS claimed they never received my original documentation.
Don't forget about state taxes too! Depending on your last state of residence in the US (California in your case), you might still have state filing requirements. California is particularly aggressive about claiming residents, even those living abroad. Since you left as an infant, you probably have a strong case for not being a CA resident, but you might need to formally break residency to be safe.
I hadn't even thought about state taxes! Do I need to file something specific with California to establish that I'm not a resident there? I literally haven't lived there since I was 11 months old.
Since you left as an infant, you should be fine without formally breaking residency - you never established it as an adult. California typically looks at factors like where you have a driver's license, voter registration, bank accounts, etc. Since you have none of these connections to California, you have a very strong case for non-residency. However, to be absolutely safe, you could include a brief statement with your federal returns explaining that you left California as an infant and have no connections to the state. In rare cases, people file Form 540NR (California Nonresident Return) with zero income to formally establish non-residency, but this is usually unnecessary for someone in your situation who never established California ties as an adult.
Has anyone in a similar situation considered renouncing US citizenship? I'm a dual UK/US citizen who's never lived in the States and the annual filing requirements are just so burdensome. Wondering if it's worth it for OP to just cut ties completely rather than dealing with this compliance nightmare forever.
Renouncing is definitely an option but costs $2,350 in government fees alone, plus you need to be tax compliant for 5 years before renouncing! And if your net worth is over $2 million or your average annual tax liability exceeds $168,000 over the last 5 years, you could face an exit tax. Definitely not a quick or cheap solution.
Coming back to the original question about whether wealthy people could exploit a tip tax exemption - I think we're missing something important here. The proposal is likely aimed at service workers who receive tips as part of their regular compensation, not professionals who bill for services. If actually implemented, I'd expect the legislation to include specific definitions of qualified tipped employees - probably building on existing IRS definitions that focus on industries where tipping is customary (restaurants, hotels, transportation, etc).
But that's exactly the concern, right? Without extremely tight definitions, people find ways to game the system. I mean, tipping has expanded to so many industries now - you get tip prompts everywhere from coffee shops to retail stores. Where would they draw the line?
That's a fair point. The expansion of tipping culture does complicate things. I suspect any actual legislation would need to establish criteria like: the worker receives a reduced minimum wage under tip credit rules, the industry has a historical practice of tipping, and the tips are contemporaneous with service rather than contractually required. The IRS and Treasury would likely issue regulations clarifying these boundaries. Similar to how they've handled other tax provisions, they'd establish factors to determine legitimate tips versus disguised regular compensation. The challenge would be enforcement - they're already understaffed for existing tax issues.
Something nobody's mentioned yet - wouldn't this create a massive bookkeeping nightmare for businesses? I run a small cafe, and we'd have to completely change our payroll systems to track which income is taxable and which isn't. Plus there would be huge incentives for employees to classify everything possible as tips.
I work in payroll software development, and yes, it would be a significant change. We'd need to create new income classifications, update tax withholding algorithms, and modify all the reporting. The IRS would also need new forms. It's not impossible, but would require substantial systems updates.
One thing to consider that nobody's mentioned yet - if you're a single-member LLC taxed as a disregarded entity, these education expenses would go on your Schedule C. But if you've elected to be taxed as an S-Corp, the rules get more complicated with reasonable compensation issues. Might be worth consulting a tax pro about the specific structure.
Can you explain what you mean about S-Corps and "reasonable compensation issues"? My construction business is an LLC but I elected S-Corp status for tax purposes and now I'm confused about how this would work.
With an S-Corp, you need to pay yourself a reasonable salary before taking distributions. If the LLC pays for your education, it could be considered either a business expense or potentially a fringe benefit to you as an employee-owner. If it's clearly related to your current business functions and helps you perform your job better, it can be treated as a normal business expense. However, if the education would qualify you for a new trade or significantly different position, the IRS might view it as a taxable fringe benefit to you personally, which complicates things from a tax perspective.
Watch out for something called the "no new trade or business" rule. If your degree would qualify you for a new profession, the IRS might deny the deduction even if it also helps your current business. Accounting degree for construction could be ok since ur already doing bookkeeping etc, but if you got like a law degree that would be different.
Is this still true? I thought they changed some of these rules with the Tax Cuts and Jobs Act in 2017? My accountant told me the rules got more flexible.
Zoe Alexopoulos
This might seem obvious but have you checked the mail carefully? My employer sent my W2 in an envelope that looked like junk mail and I almost threw it away. Some employers also use third-party payroll services like ADP or Paychex, and those might come separately from company correspondence. Also check if they offer electronic W2s through a payroll portal. Sometimes companies don't clearly communicate that they've gone paperless with tax forms.
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Mateo Martinez
ā¢I've checked all my mail thoroughly and asked about electronic options too. They definitely haven't sent it either way. From what I've gathered talking to ex-coworkers, they're behind on their payroll administration for everyone, not just me. Just trying to figure out my options since they're being so difficult about it.
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Jamal Anderson
You can also try contacting your state's Department of Labor about the W-2 issue. Many states have laws about this and can put additional pressure on the employer. I had to do this once and the employer suddenly "found" my W-2 real quick when the state labor department called them.
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Mei Wong
ā¢This is good advice! I work in HR and employers definitely don't want the Department of Labor breathing down their necks. Mention the potential for penalties and they'll usually prioritize getting your W-2 out.
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