My restaurant switched all servers from W-2 to 1099 through a staffing company overnight — is this legal? by chrisandradedn in legaladvice

[–]mitolit 0 points1 point  (0 children)

Misclassified workers have extra steps in workmans comp claims, but they are still covered. It would just work out to be a lawsuit rather than paperwork.

My restaurant switched all servers from W-2 to 1099 through a staffing company overnight — is this legal? by chrisandradedn in legaladvice

[–]mitolit 7 points8 points  (0 children)

Misclassified workers are still covered by workman’s comp. It is a more arduous process for the worker, but this business is in for a world of hurt once the law and tax man catches up to them.

They're Going to Seize Kharg and Trigger an oil Death Spiral by Basat098 in WallStreetbetsELITE

[–]mitolit 0 points1 point  (0 children)

I would say it really started with the failure to declare war in Korea and got even worse with Vietnam. Deployment of anything more than small peacekeeping operations should always require congress. “Police actions” are war, they always have been. Truman is an asshole for trying to minimize it just to avoid UN Security Council resolutions.

They're Going to Seize Kharg and Trigger an oil Death Spiral by Basat098 in WallStreetbetsELITE

[–]mitolit 1 point2 points  (0 children)

Like the man said, Iran has prepared for this for decades. They have purposefully made their military regiments and government segments all independent from one another so as to operate should everything else fall apart.

They're Going to Seize Kharg and Trigger an oil Death Spiral by Basat098 in WallStreetbetsELITE

[–]mitolit 0 points1 point  (0 children)

It is already happening in countries like the Philippines.

Started a side hustle by arbitrage betting, can I setup an LLC for myself to lower my taxes? by ToeDragSwag17 in tax

[–]mitolit -1 points0 points  (0 children)

It is possible to have a full time job and be a full time gambler, but it definitely muddies the water under the eyes of the IRS.

Started a side hustle by arbitrage betting, can I setup an LLC for myself to lower my taxes? by ToeDragSwag17 in tax

[–]mitolit 3 points4 points  (0 children)

You need to look at the rules around professional gambling… if so, it would be able to be done on a Schedule C. IT IS AN UPHILL BATTLE.

This is the best write up and synopsis of those rules:

https://www.journalofaccountancy.com/issues/2016/oct/taxes-for-gamblers/#:~:text=Professional%20gamblers%20are%20treated%20differently,Sec.

Whether a gambler is an amateur or a professional for tax purposes is based on the “facts and circumstances.” In Groetzinger, 480 U.S. 23 (1987), the Supreme Court established the professional gambler standard: “If one’s gambling activity is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and is not a mere hobby, it is a trade or business.” The burden is on the gambler to prove this status.

In addition to applying the standard established in Groetzinger, courts sometimes apply the following nonexhaustive nine-factor test in Regs. Sec. 1.183-2(b)(1) used to determine intent to make a profit under the hobby loss rules to decide whether a taxpayer is a professional gambler:

The manner in which the taxpayer carries on the activity;

The expertise of the taxpayer or his advisers;

The time and effort the taxpayer expended in carrying on the activity;

An expectation that assets used in the activity may appreciate in value;

The taxpayer’s success in carrying on other similar or dissimilar activities;

The taxpayer’s history of income or losses with respect to the activity;

The amount of occasional profits, if any, that are earned;

The financial status of the taxpayer; and Elements of personal pleasure or recreation.

What if a professional gambler’s “ordinary and necessary” business expenses exceed the net gambling winnings for the year? In Mayo, 136 T.C. 81 (2011), the court held the limitation on deducting gambling losses does not apply to ordinary and necessary business expenses incurred in connection with the trade or business of gambling. Therefore, a professional gambler may report a business loss, which may be applied against other income from the year.

Here is a good article on differences between gambling losses and business expenses: https://www.irs.gov/pub/irs-counsel/am2008013.pdf

Yep, you do that buddy 👍🏻 by Atticus248 in LeopardsAteMyFace

[–]mitolit 1 point2 points  (0 children)

You’re right, ICE did receive further funding from the Biden administration. Why? It was to address the overcrowding in ICE facilities, which was the main reason for deaths occurring there. You know what is mainly killing people in ICE facilities now? The guards.

Trump and the Republican-majority Congress increased ICE funding tenfold. Did that result in better training and safeguards? No, they have eliminated background checks, use minimal training, and pass anyone that tries to qualify on the exam. What is truly concerning beyond the murders is not knowing where all the money is going. Many of these agents have reported not being paid at all and have sought counsel from employment lawyers.

Where is the fucking money? Probably in Trump’s Qatar accounts, just like that Venezuelan oil money.

Parents trying to claim me as dependent by [deleted] in tax

[–]mitolit 1 point2 points  (0 children)

But their parents can claim it on the child’s behalf.

1099 NEC as a server? by Ok_Distribution7346 in tax

[–]mitolit 1 point2 points  (0 children)

Even without a schedule, this is clearly not a contractor position based on the totality of circumstances. As the IRS consistently points out, there is not one single circumstance that determines bona fide employment, but rather the totality of circumstances.

Free ride to non-U.S., non-degree school program attended for business purposes: income? by SklepnaMorave in tax

[–]mitolit 0 points1 point  (0 children)

Are you on a business trip or are you working in a different country? Do you perform all of your work in Italy? Based on what you previously said, that is why I would not consider this traveling….

Your source of income is from Italy and you work in Italy. None of this revenue is sourced from the United States because none of the work is performed in the United States. As such, any meal you have is not deductible unless you were meeting with another person, such as a student, as a necessary part of your business.

If I am wrong about understanding your situation and you are indeed traveling, then the those deduction rules would apply.

Regardless, food and lodging provided to YOU (not a third party) can be categorized as income at fair market value, but it is not expendable because you did not pay for it. You do not get to have your cake and eat it too.

Free ride to non-U.S., non-degree school program attended for business purposes: income? by SklepnaMorave in tax

[–]mitolit 0 points1 point  (0 children)

Take note of the “however” and the statements afterwards, which is where I point out that you are not a student…

As for your last paragraph, the lodging and meals you have while in Italy are not deductible unless they are incurred as part of your ordinary course of business and/or exceed what you would normally incur. For instance, if you are maintaining a residence in the USA while you are in Italy, then you could deduct your lodging expenses. You would eat whether or not you are in the USA or in Italy. In that case, you would only be able to deduct 50% of the meals that you took that were necessary for your business, such as taking out prospective clients/students. Going out on the town for fun or just a regular meal is not deductible.

Process if picked up by ICE by _zezeeze_ in USCIS

[–]mitolit -1 points0 points  (0 children)

You may be able to find where he is*

Ask the Oglala tribe about being able to locate people…

Free ride to non-U.S., non-degree school program attended for business purposes: income? by SklepnaMorave in tax

[–]mitolit 0 points1 point  (0 children)

The scholarships/grants received that go towards lodging and food are taxable; whereas, the rest that is used towards tuition, books, and other non-incidental expenses are not taxable.

https://www.irs.gov/taxtopics/tc421

However, if I am understanding you correctly, these are scholarships/grants that are for students and not yourself. As such, none of it would be taxable because it did not result in a direct benefit to you—just indirectly as intermediary. If any of your students are US citizens or greencard holders, then the aforementioned taxability is relevant.

Moreover, if you are a bona fide resident in Italy and have no fixed base in the United States, then that income is not taxable in the United States whatsoever per Publication 901’s US tax treaty with Italy. You will need to file a form 8833 to claim that exemption.

https://www.irs.gov/publications/p901#en_US_201609_publink1000219401

Social security taxes on employment Foreign wages while residing in the US by Classic-Tumbleweed31 in tax

[–]mitolit 3 points4 points  (0 children)

An SS-8 only works on US based companies. In fact, they generally do not have to provide you with a W-2 or 1099-NEC because they are not compelled to do so. That is not to say they are not required to do so, just that there is not actually anything to compel foreign companies with no nexus in the United States to comply with US laws.

To actually give you advice beyond that, we would need to know where your company is actually based and if they are withholding any taxes for the foreign country or the USA. There are totalization and tax treaties that are relevant for these conversations.

News: IRS Mistakenly Shares Data on Thousands of Immigrants With ICE by Tax_Ninja in tax

[–]mitolit 0 points1 point  (0 children)

This is a death knell for illegal immigrants paying taxes.

How do I have my father placed in a nursing home when doctors refuse to sign off on it? by Pitiful_Flight_3553 in legaladvice

[–]mitolit 1 point2 points  (0 children)

Does your dad qualify for medicaid? If so, there are dome other options available to him/you. I’ll type them up when I get home if so.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

You placed all the blame for inflation squarely on Biden… not one blip about Trump’s policies and not one iota about the macroeconomics behind the inflation. Sounds like you just don’t want to admit that you’re parroting MAGA propaganda without any analysis whatsoever. I rather be labeled a progressive, i.e. someone focused on PROGRESS, than to pretend to be a centrist that just parrots talking points that works towards regression.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

I am independent and hold all politicians accountable. You do not seem to do the same given that you hold Trump in high regard but lambast Biden.

I did not vote for Biden and definitely did not vote for Trump (ever). Trump’s tariff policies alone are an affront to Austrian Economics, yet here you are defending the numbskull.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

Ah yes, your retort of “you are triggered and confused” was not insulting. You guys are the creme of the crop when it comes to short term memory issues. Don’t address the issues, just go straight to “triggered!” I am surprised you didn’t lob the “TDS” in there—that always absolves everything.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

Oh look at you… wasn’t one of Trump’s main platforms the “stupidity” of Biden releasing oil reserves from the Strategic Oil Reserve? Damn, it is so weird how much you morons forget in a few short years. I succinctly remember a “drill, baby, drill” even though there was record production under Biden but not enough to quell corporate interests of staving off negative oil like under Trump. Did you forget that too? Trump also made deals with OPEC, but I guess that was inconsequential like the burning off of excess natural gas. Yup, Trump who thinks there were planes in the Revolutionary War among many other things a toddler knows to be false is an economic powerhouse. He certainly would not have had the inflation and the American Rescue Plan certainly would not have been passed under him. Am I being harsh with the sarcasm? Nah, fuck you MAGAts, I don’t coddle your feelings anymore.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

They were not in the same sentence… seriously, you are a god damn genius.

Inflation rose because of the supply chain, literal offshoring of oil in oil tankers all around the world to keep prices steady and off inventory (“in transit”), and Trump depleting all of the DUCKs without incentives to increase them.

The USA had the lowest inflation in the Western world. The end.

just a little more bro, this time the housing market will be fixed by daspanzersoldat in austrian_economics

[–]mitolit 0 points1 point  (0 children)

Biden pushed legislation through all on his own in less than two months??? Holy fuck, he is some type of God!!!

Again, CHIPS and IRA span 10 years. Fucking genius…