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Level 2
June 3, 2019
Question

My boss has given me 1099 MISC form (although I am an employee). Which correct form should I ask my boss to give me so that I don't burden his taxes? W-2 ? others?

  • June 3, 2019
  • 1 reply
  • 12 views
If my boss does not take any actions, I would like to fill out the SS8 form.
Should I still complete the tax returns through Turbotax as a self-employer and have the IRS take a look at the SS8 form later or can I somehow do it jointly? Which is the best way?

1 reply

Level 12
June 3, 2019

If you are truly an employee, then you should request to be treated as such and be provided with a Form W-2 (and going forward you should be on the weekly payroll and have taxes withheld).  

If your boss doesn't cooperate, then you can fill out Form 8919 and SS8.  Form 8919 basically allows you to file your return as if you are getting a W2 even though you got a Form 1099-MISC and then you follow up by filing SS8 and the IRS will evaluate the case.

This information is entered in a different area of the program then regular W2s.  It is found under Federal (or Personal) Taxes -> Wages and Income -> Less Common Income -> Misc Income -> Other Income Not Already Reported on A Form W2 or Form 1099

The quickest way to get there is to use the search feature in the top right hand corner (magnifying glass icon).  
  • Log into your account and click Take Me to My Return (must click this before searching)
  • Search for "8919" and then click the jump to "8919" link.
  • You will get sent to the Other Wages Received Page
  • You will click Yes and proceed until you get to Any Other Earned Income
  • Click Yes to this question because you have other income that should be on a W2
  • Leave check next to employee compensation that was not reported on a W2
  • Next screen will be Employee Compensation that was not reported on a W2
  • This screen will explain Form 8919 and SS-8.  TurboTax will prepare and file Form 8919 for you with your return, but you will need to file SS-8 on your own (link below)
  • Next screen will have to report your wage information
  • Next screen will remind you that a Form SS-8 is required
  • Next screen will ask if these wages were reported on a 1099MISC
  • That will be the end of this section (program interview may go on to ask about other less common income types)

Form SS-8 Determination of Worker Status - link to form and instructions: