Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted May 31, 2019 5:48:47 PM

I will be doing janitorial work for a church having control over how things will be done. By IRS website, I am not an independent contractor. How do I report taxes?

Please, can I simply report my income as miscellaneous income?

0 6 3986
1 Best answer
Level 15
May 31, 2019 5:48:51 PM

If the church classifies you as an employee, they will withhold taxes from your pay and give you a W-2 at the end of the year. You report it like any other job.

If they do not do that, they are classifying you as an independent contractor. If you think that is incorrect, there are three ways you can handle it.

1. Talk to whoever you are dealing with at the church. Explain to them why you think you are an employee, not an independent contractor, and ask them to treat you as an employee.

2. Go along with the independent contractor classification, even though you think it's wrong. You would have to report the income as business income, and pay self-employment tax as well as income tax. You cannot report it as miscellaneous income.

3. File Form SS-8 with the IRS, asking them to determine your proper classification. You would report the income on your tax return as if you were an employee, and indicate that you have filed Form SS-8. Doing this will likely upset the people at the church, since they will be contacted by the IRS. They might dismiss you as a result.

As SweetieJean said, the church is not free to choose whether to treat you as an employee or as an independent contractor, regardless of how the work is structured. As you seem to be aware, the IRS has guidelines for determining whether a worker is an employee or an independent contractor. The church has to follow those guidelines. As I said, though, if you feel they are not following the IRS guidelines, but you don't want to make waves, you can just go along with being treated as in an independent contractor. But if you do that, you have to report the income as business income. You cannot report it as miscellaneous income.

6 Replies
Level 15
May 31, 2019 5:48:49 PM

Are you getting paid W-2? or 1099? if you are paid 1099 you must report the income according to the Box used on your 1099 to show the amount,

Level 15
May 31, 2019 5:48:51 PM

If the church classifies you as an employee, they will withhold taxes from your pay and give you a W-2 at the end of the year. You report it like any other job.

If they do not do that, they are classifying you as an independent contractor. If you think that is incorrect, there are three ways you can handle it.

1. Talk to whoever you are dealing with at the church. Explain to them why you think you are an employee, not an independent contractor, and ask them to treat you as an employee.

2. Go along with the independent contractor classification, even though you think it's wrong. You would have to report the income as business income, and pay self-employment tax as well as income tax. You cannot report it as miscellaneous income.

3. File Form SS-8 with the IRS, asking them to determine your proper classification. You would report the income on your tax return as if you were an employee, and indicate that you have filed Form SS-8. Doing this will likely upset the people at the church, since they will be contacted by the IRS. They might dismiss you as a result.

As SweetieJean said, the church is not free to choose whether to treat you as an employee or as an independent contractor, regardless of how the work is structured. As you seem to be aware, the IRS has guidelines for determining whether a worker is an employee or an independent contractor. The church has to follow those guidelines. As I said, though, if you feel they are not following the IRS guidelines, but you don't want to make waves, you can just go along with being treated as in an independent contractor. But if you do that, you have to report the income as business income. You cannot report it as miscellaneous income.

Level 15
May 31, 2019 5:48:52 PM

Excellent synopsis!

Level 15
May 31, 2019 5:48:54 PM

Just be aware that, if you are an independent contractor, you are not covered by unemployment comp or worker's comp.

New Member
May 31, 2019 5:48:57 PM

It is up to the church to determine how your income will be reported. When I was treasurer of my church  the Council decided what work to do, not how to do it. The labor charge was reported by the laborer, supplies were billed directly to the church(tax free) and the labor cost was reported to the IRS on a 1099 form, not a W2 which allowed the worker to treat his income as an independent contractor. If you prefer that arrangement you must get your church to engage you as an independent contractor, not as an employee. The church must determine that, not you.


Level 15
May 31, 2019 5:48:58 PM