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New Member
posted Jun 4, 2019 9:08:29 PM

How do I file my taxes when my employer does not provide a weekly/monthly paycheck or a year end W2 or 1099? They pay cash only.

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3 Replies
Level 15
Jun 4, 2019 9:08:31 PM

That depends on your relationship.  Who determines what you do and how you do it.  Where is the control.  Can you describe more about your work situation?

New Member
Jun 4, 2019 9:08:32 PM

Running food to tables in a restaurant

Level 15
Jun 4, 2019 9:08:33 PM

Most likely you are an employee.   See this https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-o...

If so, then you are being paid "under the table."  Your employer is avoiding paying employment tax, worker's comp insurance premiums, and unemployment insurance premiums. If you report as "self-employed" you will pay 7.5% more tax than you should be paying.  Your employer may also be dodging state income tax and state labor laws.

You have two basic options.

1. Accept the situation. Report your taxes as "self-employed".  Pay the extra tax.  You will need Turbotax Self-Employment version which is the most expensive, unless your income is less than $34,000 in which case you can use the Freedom edition.  The Free File program is a separate web site; you have to make a new account to use it, you can’t use your regular Turbotax account. https://turbotax.intuit.com/taxfreedom/'

2. Blow the whistle on your employer.  There is no way to legally file as an employee in a way that won't also inform the IRS of your employer's tax avoidance.  In Turbotax, go to the W-2 screen and enter your gross wages in box 1.  You probably don't know your employer's tax ID number so leave it blank.  On the next page there should be a list of special circumstances.  You want to check the boxes for "I never got a W-2", or "My employer classified me as self-employed but I think I am an employee."  Turbotax will prepare a substitute W-2 form for you, and also a form SS-8, which is a request for an official determination of whether you are an employee or self-employed.  If the employer loses the case and you are determined to be an employee, the employer will pay some of your back taxes, and will pay additional penalties.

You can also file a complaint with your state labor department.