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Level 2
March 21, 2021
Question

Filed Statutory Employee by mistake

  • March 21, 2021
  • 24 replies
  • 79 views

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?

    24 replies

    KrisD15
    Level 15
    March 21, 2021

    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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    Level 2
    March 21, 2021

    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?

    Level 15
    March 21, 2021

    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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    Level 2
    January 25, 2022

    I just did the exact same thing. I’m a car salesman and get paid commission I get a W2. I accidentally clicked I was a statutory employee as well. My refund went from 7k to like 13k.   Within 45 min the irs already accepted my return.  Will they fix this ? Do I have to file an amended return ? Will my direct deposit go through? After I filed I clicked to view my return. It said it had my w-2 and some 8995 form. That’s it. 

    MaryK4
    Level 15
    January 25, 2022

    If you are not a statutory employee, you will need to amend your return to correct this.  The IRS will process the return you efiled and issue you a refund.  However, when you file the amended return, you will have to pay the correct taxes you owe.  If you do not have the amended return completed before the April 18th due date, you will want to make a payment (Pay Online) to the IRS for the taxes you will owe.

     

    @Tdb0202

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    Level 2
    January 25, 2022

    Ok so I’ll get the 13k direct deposited and just have to go and do an amended return and pay money back ? I didn’t file a scheduled C or anything so some had said the IRS will fix it themselves.  Wasn’t sure.  I don’t mind paying money back I just wanted to at least get some of my return here soon. Thank you for any input 

    Level 2
    February 7, 2022

    So I’ve been checking the where’s my refund daily to see what they do.  As always I put my last 4 in. Single and the inflated return number. Every day it has shown that it was accepted but was not approved yet.  

    I went to check it today and now when I put my info in it says I’m putting the wrong info in which I’m not. 

    does this mean the irs fixed it and I’ll get my actual true return in 21 days and they will send me a letter explaining ? 

    KrisD15
    Level 15
    February 7, 2022

    We can not say at this time. It may be the IRS changed something or you tried the site while your information was being updated. 

     

    I would suggest you look over your return. 

    If you did not file a Schedule C, there should not be a needed adjustment. 

     

    You posted a jump from 7,000 to 13,000, which is 6,000.

     

    For clarification, 

     

    Are you sure this increase was not due to something else? You are filing single, but are you claiming any credits for dependents and/or education? 

     

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    Level 2
    February 7, 2022

    Also I don’t have any dependents. I have no kids. I don’t donate to anything. I didn’t buy a house or anything. Etc 

    Level 2
    February 7, 2022

    So I made $135,615 for the year. I file single and withhold at the highest rate so they always take the most out of my paychecks so I get a return. My return was around $7,770 before it asked me how I was paid and said I qualified for statutory employee ( which I don’t ). By the end my refund had jumped to almost $14,000. I did not file or produce a schedule c form. It did generate automatically a 8995 Form or whatever the number is.   30 min after I did my taxes I realized this. I tried to call and the IRS had already accepted it.  My last name starts with B.  I filed on the 24th of Jan. Everyday I’ve checked where’s my refund I was able to put the $13,700 number in and it just showed it had been accepted. 

    I tried at 3 am this morning using same info as always and now it’s been saying all day my info is wrong. I called the IRS number and put the info in and it says my return is processing.  I just want to get my refund in 21 days like normal.  If they fix it and give me the right amount that’s great. If they give me the inflated amount. I’ll take 7-8,000 of that put it aside and contact them.  

    I was told I shouldn’t have to file an amended return sense I didn’t produce a scheduled c form.  Not sure what’s going on but just wanna know. Thank you for all your input 

    Level 2
    February 14, 2022

    Update. 

    I have not filed an amended return.  Today was my 21 day point. Have not received my refund. It was never even approved.  But now when I go to check the website it says “ we are sorry but your refund has been delayed past the normal time “.  

    does this mean they are fixing it and sending me correct return.  Does this mean I need to file an amended return. 

    No clue what’s going on or what to do. Any and all info would be helpful 

    VolvoGirl
    Level 15
    February 14, 2022

    Did you print out your return to see if you can tell where the extra 7,000 refund came from or if 14,000 looks right?   What lines don't you understand?

    Level 2
    February 14, 2022

    So only like I can think of is line 13. I file single and none and withhold at highest rate. I had the standard deduction of $12,500 or whatever it is. I don’t own a house or rent. ( live with family ). I drive a company car. 

    line 13 has a 24,000 number that says it comes from the 8995 form. Which that form only generated bc I accidentally claimed to be a statutory employee.  

    I did not file a schedule C form tho.   That’s the only things I can tell. 

    Level 2
    February 21, 2022

    So does that mean I’ll get the full 14k? Or is there a chance it just says that on where’s my refund and the actual amount deposited will be a different amount ? 

    my refund said delayed for about a week. Then 3 days ago it said it was approved and would be deposited into my bank on the 24th. So I know they reviewed it and looked at it. 

    someone told me though it may say I’m getting that full amount but they may deposit a different amount. But I would think if that was the case , where’s my refund would say something. No ?

    SForrestLO
    Level 11
    February 22, 2022

    The IRS can make adjustments to your return it is to account for the difference in what was reported on the return and what they are showing in their system. You will receive a letter from the IRS if your amount is adjusted. 

    Since Turbo Tax does not see your return, you can call the IRS and speak to a tax representative about what changes they may make.

    @Tdb0202

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