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Quick tip from someone who dealt with this last year - make sure you also check your state tax requirements. In some states, you need to file additional paperwork at the state level to report misclassification. I'm in California and had to file a separate form with the state labor board. Also, keep detailed records of EVERYTHING that shows you were treated as an employee - emails about your schedule, equipment they provided, org charts showing your supervisor, orientation materials, etc. If you get audited or the company challenges your misclassification claim, this evidence will be crucial.
Thanks for mentioning this! I'm in New York - do you know if I need to file anything special with the state here? I definitely have plenty of evidence (emails, company handbook they gave me, etc). Should I be reaching out to the company about this or just handle it on my tax forms?
New York has pretty strong worker protection laws. You'll want to look into filing the IT-2104 form which is NY's equivalent of the W-4 for your state taxes. Also consider filing a report with the NY Department of Labor about the misclassification - they take these cases seriously and can help recover the employer portion of taxes you shouldn't have to pay. Regarding contacting the company, it depends on your relationship with them. Some people have success simply explaining the situation to their former employer and requesting they issue a corrected W-2. Others find this creates conflict. If you need them as a reference, consider how approaching them might affect that relationship. Either way, you can still file correctly on your end using Form 8919 even if they refuse to correct their mistake.
Has anyone actually had the IRS rule in their favor on an SS-8 form? I filed one 2 years ago for a similar situation and it took 11 months to get a determination letter. They did rule I was an employee but by then I had already paid the full self-employment tax. Had to file an amended return to get the overpaid taxes back.
Yes! I got a favorable determination but it took forever (9 months). The key was documenting everything thoroughly in the initial filing. I included copies of emails showing they controlled my schedule, photos of the company equipment I was required to use, their employee handbook they made me follow, etc. The more evidence you provide upfront, the faster and more likely you'll get a favorable ruling.
9 Former international student advisor here. One thing to check that nobody's mentioned yet is if SPRINTAX applied the correct FICA exemption. As a J1 visa holder, you should be exempt from Social Security and Medicare taxes (FICA) during your first 2 calendar years in the US. If your employer incorrectly withheld these taxes (which happens A LOT), you should be getting those back in your refund. Check your W2 boxes 4 and 6 - if there are amounts there, you should be getting those back completely, which could be a significant amount!
7 Omg thank you for mentioning this! I just checked my W2 and there's like $300 in box 4 and $75 in box 6. SPRINTAX never mentioned anything about this. Do I need to file something special to get these back??
9 You need to file Form 8843 along with a special statement requesting a refund of incorrectly withheld FICA taxes. SPRINTAX should have this capability, but sometimes you need to specifically indicate your FICA exempt status. If they missed this, you can either restart your SPRINTAX return and make sure to answer the FICA questions correctly, or use a different service that better handles J1 visa FICA exemptions. This could easily explain why your friends got larger refunds if they properly claimed their FICA exemptions and you didn't.
4 Just wanted to add that tax refund amounts can vary widely even among J1 visa holders from the same country working in the same state. The biggest factors are: 1. Your actual income amount 2. How long you worked (partial year vs full year) 3. If your employer withheld at the correct rate 4. Whether you had any US source income before arriving I'm guessing your friends who got bigger refunds either had higher withholding relative to their income, or they successfully claimed FICA exemptions that you might have missed.
Something everybody misses with options: make sure you're identifying the correct cost basis! Robinhood and other platforms sometimes report the wrong basis for options, especially if you've been rolling contracts. Double check their numbers against your actual trade confirmations. Also, if you've been assigned or exercised any options, the tax treatment gets even more complex. Those aren't straight capital gains transactions.
This! I had Robinhood show completely wrong basis amounts for some options I exercised last year. How do you correct this on your tax forms if the 1099 is wrong?
You need to file Form 8949 and check box C for short-term transactions with incorrect basis. Then you'll list the transaction as reported on your 1099-B, but you'll make an adjustment in column g to correct the basis amount. In the code column, you'll enter "B" which means that the basis was reported incorrectly by the broker. Keep detailed records of your actual trade confirmations showing the correct basis in case you're ever audited. It's definitely more work, but it ensures you're not overpaying taxes because of broker reporting errors. Most tax software has a way to enter these adjustments, though it's not always obvious where to find that section.
Has anyone noticed if Robinhood's 1099s are more accurate this year? Last year mine was a complete disaster with options trades and I ended up having to manually correct almost everything.
Here's what my tax accountant told me about this exact situation - you have to separate the academic period from the payment date. The IRS only cares about when money left your hands, not what semester it was for. If you paid in January 2025, that's a 2025 tax year expense, period. Doesn't matter if it was for Fall 2024. Think of it like buying anything else - if you buy something on January 2nd, that's a purchase in that new year, even if you ordered it in December. One thing to watch for next year: if you pre-pay Spring 2026 tuition in December 2025, you CAN claim that on your 2025 taxes! So sometimes you can time payments to maximize credits in a specific year if that helps your tax situation.
Thank you for this clear explanation! That makes sense about separating the academic period from when I actually paid. I guess I'll have to wait until next year to claim that big payment. Do you know if there's any limit to how much tuition I can claim next year? Since I'll have both semesters' worth of payments potentially in the same tax year?
You're welcome! For education credits, there are annual limits regardless of how many semesters you're paying for. The American Opportunity Credit has a maximum of $2,500 per eligible student per year, based on the first $4,000 of qualified expenses. The Lifetime Learning Credit maxes out at $2,000, based on 20% of up to $10,000 in qualified expenses. So even with multiple semesters' payments falling in the same tax year, you'll still be subject to these annual limits. What's important is maximizing your eligible expenses up to these limits each tax year. If you have flexibility in when you make payments around December/January, you can sometimes time them to optimize your credits.
Don't forget that if your parents claim you as a dependent, THEY would get the education credit based on your expenses, not you! This tripped me up big time last year. If they paid any of your tuition, or if they claim you, make sure you coordinate with them on who's claiming what.
This is such an important point! My parents and I double-claimed education expenses one year and it was a huge headache to fix. You also need to make sure you're not claiming the expenses if someone else paid them.
GalaxyGuardian
Former tax preparer here - one thing nobody mentioned yet is that you should absolutely keep ALL your delivery receipts/statements from the DoorDash app for at least 3 years. These can help you reconstruct a reasonable mileage estimate AND prove your income if ever questioned. Also, don't forget about the little deductions that add up: portion of your phone bill, hot bags, car chargers, cleaning supplies for your car, etc. Many gig workers miss these because they focus only on mileage.
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Aisha Abdullah
ā¢What percentage of my phone bill can I reasonably deduct? I use it for personal stuff too obviously.
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GalaxyGuardian
ā¢For your phone bill, you need to determine what percentage is used for business purposes. If you use your phone for DoorDash about 30% of the time, you can deduct 30% of your bill. Be honest but don't shortchange yourself. Some dashers keep track for a typical week to establish a pattern, then apply that percentage to the whole year. The same concept applies to other mixed-use items. Just make sure you can explain how you arrived at your percentage if asked. And always keep your monthly phone bills as documentation - digital copies are fine.
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Ethan Wilson
Do any of you dashers know if the standard mileage rate is better than claiming actual car expenses? I put a lot of miles on my car last year doing deliveries.
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Yuki Tanaka
ā¢In my experience as a full-time dasher for 3 years, standard mileage is almost always better for delivery drivers. The rate for 2024 is 67 cents per mile which really adds up when you're putting 20k+ miles a year for deliveries. Plus it's way simpler than tracking all your actual expenses and calculating depreciation.
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