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annadelclu
Returning Member

help

if i work for a company and have  claimed the last 4  years self employment and they refuse to give me a w2 as a eployee i dont under stand why can i get w2 like normal emoloyee wouild get i work for this company for the last 5 yers 10 hr a day in his company van and equipment 5 days a week

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8 Replies

help

If you are not a W-2 employee, they should be issuing a 1099-NEC.  If you have been working as self-employed, then you are responsible to pay your own taxes, social security, and Medicare taxes.  If your employer changes you to a W-2 employee, then they would withhold taxes and pay their portion of social security and Medicare.  Often that will mean that they will then pay you a reduced hourly rate.  Discuss with your employer to see if that is something you both agree on.

help

https://ttlc.intuit.com/questions/2584365-am-i-an-employee-or-an-independent-contractor

**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.**
rjs
Level 15
Level 15

help


@annadelclu wrote:

i dont under stand why can i get w2 like normal emoloyee wouild get


You can't get a W-2 like a normal employee would get because you are not a normal employee. You are not an employee at all. You are self-employed. Or at least that's how the company is treating you.

 

help

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

 

 

https://www.thebalancesmb.com/independent-contractor-or-employee-what-s-the-difference-397912

**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.**

help

You can also contact your state labor bureau about this.

help

Merrill Lynch got into trouble for keeping people on 1099-MISC for many years.

Court said they were really employees.

 

Now, Merrill Lynch fires all 1099-MISC contractors after a couple of years, or lets them become employees.

 

This is what I heard from a current Merrill Lynch employee.

annadelclu
Returning Member

help

neither a w2 nor a 1099 missc they wont give me when is asked he scared and walks  way .   i usually  claimed 1099 k so I can get the 2 chidltax credits for the year .    i also get paid cash 850  or the other option is 250 in check and the rest in  cash?

DianeW777
Expert Alumni

help

The Form SS-8 helps to differentiate between an employee and an independent contractor (self-employed). Take the time to review this form and decide if you have an employer/employee relationship.  If the person in charge tells you when to be there, how to do your work and provides all the equipment necessary to do your work then it's quite likely this is an employer.

You are allowed to report the income as an employee if you believe that is the relationship you have, however, this will not go well with your employer.  The IRS will go after them for payroll taxes which could mean penalties.

 

You can also continue to report your earnings as a self-employed independent contractor.  To file like this you will need to use TurboTax Online Self-employed or TurboTax CD/Download Home & Business.

The child tax credit (CTC) is refundable this year and if you got the advance child tax credit (ACTC) you definitely want to get your return filed. This is a refundable credit for 2021.

 

The child tax credit (CTC) is reconciled on your 2021 tax return, taking into account any advanced child tax credit (ACTC).

  1. Sign into your TurboTax Online or CD/Download account
  2. Search (upper right) type child tax credit > Click on the Jump to ... link
  3. Begin to answer the questions about the advance
  4. Use your 6419 IRS letter to complete the advance payments received, or if none enter zero

You can view your entire return or just your 1040 form before you e-file:

  1. Open or continue your return.
  2. With the Tax Tools menu open, you can then:
    • View only your 1040 form: Select Tools. Next, select View Tax Summary in the pop-up, then Preview my 1040 in the left menu.
  3. Scroll to line 28 (see below)
  4. See images below

[Edited: 01/28/2022 | 1:31p  PST]

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