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Employer's contribution to social security and medicare

My son is the sole cook of a restaurant.  He will not be getting a W-2.  He wants a 1099 form from the employer that shows the employer's contribution to his social security and Medicare.  The employer is hesitating and may not provide a 1099.  If the employer does not provide a 1099, what is my son's obligation for social security and Medicare on his income tax return as a percent of his gross income?  Is it 7.65% (6.2 + 1.45)?  What form must he use to report his income in this situation?  Should he report his employer to the IRS for not providing a 1099 form?

 

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3 Replies

Employer's contribution to social security and medicare

If he doesn't get a W2 then he is not an employee and doesn't have SS & Medicare taken out.  He is self employed for it.  He either will get a 1099NEC or can report it as cash.

 

To report your self employment income you will fill out schedule C in your personal 1040 tax return and pay SE self employment Tax. You can fill out Schedule C and enter Self Employment Income into Online Deluxe but if you have any expenses you will have to upgrade to Premium version. Or buy any of the Desktop programs. All the Desktop programs have all the same forms, but you will get the most help in the Home & Business version.


How to enter income from Self Employment
https://ttlc.intuit.com/community/self-employed/help/how-do-i-report-income-from-self-employment/00/...

 

Self Employment tax (Scheduled SE) is automatically generated if a person has $400 or more of net profit from self-employment. You pay 15.3% SE tax on 92.35% of your Net Profit (If it is greater than $400). The 15.3% self employed SE Tax is to pay both the employer part and employee part of Social Security and Medicare (FICA). So you get social security credit for it when you retire. It is in addition to any regular income tax you owe on it.

 

You are paying 15.3% for…..
SS for employer 6.2%
SS for employee 6.2%
Medicare for employer 1.45%
Medicare for employee 1.45%

Employer's contribution to social security and medicare

Sounds like your son is a bit confused. as to whether he is an employee or an independent contractor.    If he is an employee, he will get a W-2 that shows the amount withheld from his own paychecks for Social Security and Medicare.  The employer will also have had to pay the employer portion for those.    If your son is an independent contractor and gets a 1099NEC, that will not show any amount withheld for Social Security or Medicare.    When you work as an independent contractor  you end up having to pay all of the Social Security and Medicare yourself---that is the self-employment tax.   

 

If your son made at least $600 the owner is required to issue a 1099NEC to him.   But if your son is an independent contractor the owner was not required to pay in to SS or Medicare on his behalf.   Did his paychecks show any amounts withheld for SS or Medicare during the year?  

 

 

https://www.irs.gov/newsroom/worker-classification-101-employee-or-independent-contractor

 

https://www.irs.gov/newsroom/worker-classification-101-employee-or-independent-

 

contractor://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employ...

 

 

If you have self-employment income for which you will pay self-employment tax for Social Security and Medicare,  you will need to use online Premium software or any version of the desktop software download so that you can prepare a Schedule C for your business expenses.

 

 

https://ttlc.intuit.com/community/self-employed/help/how-do-i-report-income-from-self-employment/00/...

 

https://ttlc.intuit.com/community/self-employed/help/what-is-the-self-employment-tax/00/25922

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/import-export-data-files/enter-self-empl...

 

 

If you live in a state with a state income tax, you might need to make estimated payments to your state.

 

https://turbotax.intuit.com/tax-tips/small-business-taxes/the-home-office-deduction/L1RZyYxzv

https://ttlc.intuit.com/turbotax-support/en-us/help-article/estimated-taxes/make-estimated-tax-payme...

 

 

https://turbotax.intuit.com/tax-tools/calculators/self-employed/

 

https://ttlc.intuit.com/community/business-taxes/discussion/self-employed-don-t-miss-these-tax-moves...

 

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/import-export-data-files/enter-schedule-...

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/payroll-additions-deductions/qualify-qua...

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/self-employment-taxes/self-employed-expe...

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
DawnC
Employee Tax Expert

Employer's contribution to social security and medicare

Social Security is 15% - half of which is paid by the employee and the other half is paid by the employer.   These amounts would be reflected on his w-2 if he were an employee.   He is still responsible for his share even if it was not withheld by his employer.

 

As an independent contractor receiving a 1099, your son is considered self-employed and pays the full 15% (Self-Employment Tax) - because as a self-employed business owner, he is both the employee and the employer.   The restaurant owner is your son's client, not his employer in this situation.  

 

TurboTax can handle his situation either way depending upon his status.  

 

FICA and Self-Employment Contributions Act  

Why am I paying self-employment tax?

 

If there is confusion regarding your son's status, you can get the IRS involved by filing a determination request.  

 

Firms and workers file Form SS-8 to request a determination of the status of a worker under the common law rules for purposes of federal employment taxes and income tax withholding. Generally, under the common law rules a worker is an employee if the firm has the right to control and direct what will be done and how it will be done. 

 

How to enter Self-Employment income

If it is determined he is an employee, enter the income in  Federal (or Personal) Taxes -> Wages and Income -> Less Common Income -> Misc Income -> Other Income Not Already Reported on A Form W2 or Form 1099

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