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Frj10151015
Level 2

Filed Statutory Employee by mistake

My taxes were filed and accepted as a statutory employee and this was a mistake.  What will happen when IRS finds that I am not a statutory employee?  Should I amend now?

5 Replies
KrisD15
Expert Alumni

Filed Statutory Employee by mistake

It won't matter unless you filed a schedule C. 

If you did file a schedule C and claimed expenses, yes you will need to file an amended return but you need to wait until the original return has been processed. 

 

You have 3 years from the date you filed your return (or 2 years after you paid the tax due, whichever is later) to file an amended return.

Please click here for how to amend a return you already filed

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Frj10151015
Level 2

Filed Statutory Employee by mistake

I didn’t file a schedule C or claimed any expenses.  I noticed that my refund showed more than normally so I went back to check but by then it was already accepted.  Will IRS correct that?

AnnetteB6
Expert Alumni

Filed Statutory Employee by mistake

As stated by KrisD15, if you only checked the statutory employee box by mistake, there is nothing more you need to do.  The IRS will disregard the checked box since no Schedule C is included with the return.  No amended return is required.

 

@Frj10151015

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Frj10151015
Level 2

Filed Statutory Employee by mistake

Thank you but I saw it generated a form 8995.  Is this the schedule C? Do I need to amend.  I’m worried.

AnnetteB6
Expert Alumni

Filed Statutory Employee by mistake

No, Schedule C says 'Profit or Loss from Business' at the top of the form.  

 

An amended return should not be necessary to correct the box that was checked on your W-2, but if you feel better going through the process to amend your return to see what would change, take a look at the instructions in the TurboTax article below.  The amended Form 1040X has not yet been released, but when it is available, the article below will update with instructions.

 

How do I amend my 2020 return?

 

@Frj10151015

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