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I worked for a company that is paying me a 1099-msc as an independant contractor but I am not a contractor they withheld no taxes on me what do I do?

 
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2 Replies
PeterM
New Member

I worked for a company that is paying me a 1099-msc as an independant contractor but I am not a contractor they withheld no taxes on me what do I do?

Employees who are concerned that their employer is improperly withholding or failing to withhold federal income and employment taxes should report their employer by contacting the IRS at 1-800-829-1040. In cases where the employer withheld employment taxes but failed to deposit them, or failed to issue W-2s, the employee should contact the employer to request the W-2.  If the employee is unable to secure a W-2 from the employer, the employee should complete and attach Form 4852, Substitute for W-2, to their tax return using the best information available to calculate the wages and the withholding. This information can often be secured from pay stubs. 

In addition, if the employer refuses to withhold employment taxes from these wages and the IRS is unable to collect the employment taxes from the employer, the employee still has the responsibility to pay income tax and is ultimately responsible for his/her share of the FICA tax.

However, if you never filled out a Form W-4 when you began working there, it may have been understood by your employer that you knew that you were being paid as a Contractor. In which case, you're liable for the federal income tax and half of the self-employment tax on the income. To enter the 1099-MISC in Turbo Tax, follow these steps:

  • Log into your tax return.
  • Use the search box in the upper right hand corner and type in "Miscellaneous Income" and click enter.
  • When you do this it will cause the "Jump to Miscellaneous Income" link to appear...click that link.
  • From here Turbo Tax will guide you through the remaining steps to entering the information onto your tax return.


pumpkinGA
New Member

I worked for a company that is paying me a 1099-msc as an independant contractor but I am not a contractor they withheld no taxes on me what do I do?

A tax attorney needs to be consulted.  It is not the employer's prerogative to determine whether to classify as W2 or 1099.  There are a series of tests that make that determination.  It was previously via the SS-8 form.  

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