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Just want to add - make sure you're actually itemizing deductions before worrying about this! With the standard deduction being $13,850 for single filers and $27,700 for married filing jointly in 2023, many people don't even reach the threshold where itemizing makes sense. Unless your total itemizable deductions (mortgage interest, state/local taxes up to $10k, medical expenses over 7.5% of AGI, AND charitable donations combined) exceed the standard deduction amount, tracking these donations won't actually save you anything on taxes.
That's a really good point I hadn't considered. Do you know if these church donations would still "count" somehow even if I take the standard deduction? I'm nowhere near the itemizing threshold since I rent my home and don't have many other deductions.
Unfortunately, if you take the standard deduction, you can't also claim charitable donations. That's one of the trade-offs - it's either the standard deduction OR itemizing all your qualifying expenses (including charitable donations). There was a temporary exception during COVID where people could deduct some charitable contributions even with the standard deduction (up to $300 for individuals or $600 for married filing jointly), but that provision expired after the 2021 tax year. For 2023 and 2024, we're back to the normal rules where charitable donations only help you tax-wise if you're itemizing.
Don't forget that if your total noncash donations exceed $500 for the year, you need to complete Form 8283. And if any single item (or group of similar items) is worth more than $5,000, you typically need a qualified appraisal! Don't think that applies to your situation with the toys and gift cards, but good to keep in mind.
What you're describing is textbook tax fraud if they're withholding taxes but not remitting them. Here's what I would do: 1. Email the owner outlining EVERYTHING you've discovered. Be factual, not accusatory. Say something like "I've noticed we don't have a state tax ID and our withholding taxes don't appear to be remitted. Can you clarify our process?" Save this email forever. 2. Start looking for another job immediately. When the audit eventually happens (and it WILL happen), you don't want to be there. 3. File Form 3949-A (tax fraud whistleblower form) with the IRS. You might even be eligible for a whistleblower reward if they collect significant taxes. The misclassification of employees as contractors is the cherry on top. This place sounds like a ticking time bomb.
Is there any protection for whistleblowers in cases like this? I'm worried the owner would know exactly who reported him.
The IRS treats whistleblower reports as confidential and won't disclose your identity during their investigation. That said, if you're in a small business where you're the only one who knows certain details, the owner might figure it out anyway. That's why I suggested documenting your concerns in an email first and looking for another job before filing. This creates both a paper trail showing you tried to address it internally and gives you an exit strategy. The Form 3949-A can be filed anonymously if you want, though providing your contact info can help if they need clarification on anything.
The most urgent issue is misclassification. The IRS is really cracking down on this lately. I accidentally misclassified one employee at my small business and ended up with a $17,400 penalty plus back taxes. Someone advised me to file SS-8 forms for the misclassified workers. Can anyone explain if that's something the manager should do or only the workers themselves?
Form SS-8 (Determination of Worker Status) can be filed by either the worker or the business, but in practice, it's usually filed by workers who believe they've been misclassified. As a manager without ownership, I wouldn't recommend you file these on behalf of others. If workers file SS-8 forms and the IRS determines they were misclassified, the business will need to pay both the employer and employee portions of FICA taxes (the employees can file Form 8919 to only pay their portion of FICA instead of self-employment tax).
Your friend is experiencing a classic case of what we call "shadow living" in financial counseling. The anxiety and fear creates more problems than the original debt. I've worked with many clients in similar situations. The first step is determining if the debt is still legally collectible. As others mentioned, the IRS generally has 10 years to collect from the assessment date. If your friend hasn't been filing taxes or responding to notices, there's a chance the clock has been running this whole time. One important caution: make sure your friend doesn't suddenly file past-due returns without understanding the implications. Filing can sometimes "restart" certain collection timeframes. This is why getting professional advice is crucial. Also, has your friend checked their credit report? Sometimes you can see if there are active tax liens, which would indicate the debt is still being pursued. This might give them a starting point without directly contacting the IRS.
We actually checked their credit report last week and there's nothing on it about tax liens. Does that mean the debt might be too old to collect? They haven't had any credit cards or loans during this period either, so the report is basically empty.
That's actually a potentially good sign. The IRS stopped putting tax liens on credit reports for the most part after 2018, but if this debt was active and being pursued aggressively before then, you might have expected to see something. The empty credit report aligns with their "off the grid" lifestyle, which ironically might have worked in their favor regarding the statute of limitations. However, this is still not conclusive evidence - they need to get their tax transcripts to know for certain what debts might still be collectible.
Has your friend considered bankruptcy as an option? Some older tax debts can be discharged in bankruptcy if they meet certain criteria: - The taxes are income taxes - The due date for filing the tax return was at least 3 years ago - The tax return was filed at least 2 years ago - The tax assessment was made at least 240 days ago - The taxpayer didn't commit fraud or willful evasion With a 20-year-old tax debt, many of these criteria might already be met. Chapter 7 bankruptcy could potentially wipe out qualifying tax debts completely. Or Chapter 13 could set up an affordable payment plan.
This isn't entirely accurate. If they haven't filed returns for those years, they won't meet the "return filed at least 2 years ago" requirement. The IRS also sometimes files "Substitute for Returns" which don't count as taxpayer-filed returns for bankruptcy purposes. They would need to file proper returns first.
You're absolutely right about the return filing requirement - I should have been more clear. If your friend hasn't filed returns for those tax years, they would need to file them first and then wait two years before the taxes would be eligible for discharge in bankruptcy. The Substitute for Return point is also important. If the IRS filed these on your friend's behalf, they don't count toward making the tax dischargeable - your friend would need to file their own returns to replace these.
For what it's worth, I used Liberty Tax last year and they gave me a $50 Amazon gift card as a new customer bonus. The preparation was fine - nothing special but they didn't mess anything up. Total cost was around $220 for a fairly simple return. I think most of these places have similar "new customer" deals if you look around.
$220 for a simple return?? That seems really expensive. Was that including state filing too?
Yes, that included both federal and state filing fees. You're right that it's not cheap - and honestly that's why I'm not going back this year. The $50 gift card was nice but when I looked at the total cost, I realized I could have done it myself for much less. I'm using one of the self-prep software options this year since my tax situation hasn't changed much. The "bonus" isn't worth the extra fees when you do the math.
Pro tip: If you made under $73k last year, you can file for FREE through the IRS Free File program. Most people don't know about this! Go directly through the IRS website to find the participating providers. Much better than paying for tax prep just to get a small bonus!
Mikayla Davison
Have you received any letters from the IRS requesting additional information? Sometimes they need verification for the dependent claims, especially if this is your first year claiming them or if someone else might have also claimed them (like an ex-spouse). Check your mail carefully!
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Taylor To
ā¢I haven't received any letters yet. I've claimed both kids for the past 3 years, so it's not a new situation. Their mom and I have a formal agreement about who claims which child each year, so there shouldn't be any conflict there. Should I still be checking for mail from the IRS, or would they have contacted me by now if that was the issue?
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Mikayla Davison
ā¢If you've claimed the same children for multiple years without issues, it's less likely to be a verification problem. However, the IRS sometimes sends letters requesting information 4-6 weeks after filing, so it could still arrive. Mail from the IRS can also sometimes look like regular mail or get lost, so it's always good to check carefully. But honestly, at this point it sounds more like normal processing delays rather than an information request problem. The IRS processing times really have been significantly longer this year for returns with dependents.
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Adrian Connor
Anyone know if the PATH Act is still delaying refunds with child credits? I remember a few years ago they wouldn't issue refunds before mid-February for anyone claiming certain credits.
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Aisha Jackson
ā¢The PATH Act is still in effect, but since the original poster filed on March 5th, that wouldn't be causing their delay. The PATH Act prevents the IRS from issuing refunds before mid-February for returns claiming EITC or the Additional Child Tax Credit, but once we're past that date, it shouldn't be a factor anymore.
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Adrian Connor
ā¢Thanks for clarifying! I wasn't sure if they had extended those delays or if it was still just the mid-February cutoff. Makes sense that it wouldn't affect March filers.
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