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apples-oranges01
New Member

My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

I worked for a company for about 5 months last year and I was paid weekly. I have no way of knowing what I was paid and now they are refusing to give me my 1099-misc.How can I still do my taxes? 

11 Replies
AmandaR1
New Member

My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

First, I'll provide instructions directly replying to your questions about a 1099. Second, it sounds like you are actually an employee, so I'll include how you can decide and what you can do if you are actually an employee

Form 1099 indicates that you are self-employed/independent contractor. In this case:  

  • If a business that pays you doesn't issue a form 1099-misc, it's not your responsibility to make them follow the rules. 
  • When you are self-employed, it is your responsibility to track all of your income and expenses. I'll include tips for re-calculating what you earned during the year, below.

Based on your question, it sounds like you might actually be an employee

  • If your employer tells you when to work, how to work, where to work, with what to work with and how to do your work. You are most definitely, an employee.  
  • To qualify as self-employed, there must be some autonomy to your position
  • For help more information for deciding if you are really an employee, please refer to the following IRS resource HERE.

 If you think you are an employee, you can file form SS-8 with the IRS, asking them to decide if you are an employee. This isn't handled in TurboTax, but it's straight forward to complete. You can learn more about the form HERE and access the form HERE.

In either case, you should still file your taxes by the due date, April 17th, to avoid fines/penalties. To do so, you need to re-create your income. 

  • If you deposited checks into your bank account, then you could:
    1. Download all your bank statements from your online banking account (or ask your bank to provide you them if you have problems getting them from online), or
    2. Once you have your statements, go month-by-month and record how much your checks or deposits were.
  • If you don't use a bank account or you were paid in cash, you'll need to estimate your income as best you can. I'd recommend getting out spreadsheet, or just paper, and a calendar and going by month by month. Keep this for your records. 
  • Once you have your numbers, you should file as an employee or self-employed, whichever you think is right (based on the above info). If you file as an employee, you must file the form SS-8. 

    To do so in TurboTax:

    • As self-employed, you'll add your self-employed business under Business Income & Expenses and enter your income as 'other income'.
    • As an employee, you'll enter your info on a W-2 in box 1, 3, and 5. Leave the tax boxes if you don't think taxes haven't been withheld. 
      1. Continue entering your W-2 
      2. When you come to the screen that says, "Do any of these uncommon situations apply to this W-2?" select Substitute form - I didn't get a W-2 from my employer and need to complete a substitute form
      3. Answer the questions that follow. You'll file form 4852 and need to paper file your return. 
    Sebastian-Accattoni
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    You still can ask you bank or the IRS to give you the copies of your previous forms. To prevent such issues in future, do your taxes online like TaxAct or this specific one for 1099 tax form online *** But yet, was there any specific reason for employer to not to provide those forms?
    MorningBlessings
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    I worked at Nuway facility services from 1-1-19 to 8-9-19. I asked my employer Michael Sutton to send to me, my 1099 year end taxes. Yet I have not seen them nor is here answering the phone.  How do I recover my 1099 taxes from this company?   Thank you

    xmasbaby0
    Level 15

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    They have until January 31 to issue a 1099Misc so continue your efforts to contact them and make sure they have your current address.  Email them, snail mail them, or phone them-- or all three.

    **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.**
    Tim37
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    I earnd 7200.00 on cash from randys recyling center and they refuse to give me any statement showing I worked there

    BillM223
    Expert Alumni

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    If you know that you earned $7,200, then I have to ask, 

     

    If you can answer "yes" to any of these questions, go to IRS Free File delivered by Intuit.

     

    You will have to report that you have a "business" (your business is offering the services to the recycling center). Enter the $7,200 as "general income", since you don't have a 1099-MISC for it.

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    Lnicole0352
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    I'm having same problem.  She signed it filled out and sent it in and refused to give it to me. 

    Lnicole0352
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    My employer paid me cash by the hour and sent in a 1099 form. Refused to let me see it and she signed it. She never gave me any information on anything 

    Lnicole0352
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    My boss paid me by the hour and it was cash

    Fishbig1967
    New Member

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    How do I get my employer to give me my 1099's

    xmasbaby0
    Level 15

    My employer is refusing to give me a 1099-misc and I don't know what I was paid weekly by the company since it varied. How can I still do my taxes?

    @Fishbig1967 

     

    If you work as an independent contractor you are not an employee and you do not have an employer.  If "he" or "she"  paid you more than $600 he is supposed to provide you with a 1099Misc, but even if he does not, you should be able to use your own records to report your earnings as cash earnings.  When you work as an independent contractor it is very important to keep good records of your own that include how much you were paid and how much you spent for any self-employment expenses you had.

     

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

    https://ttlc.intuit.com/questions/2903027-how-do-i-report-income-from-self-employment

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

     

    https://ttlc.intuit.com/questions/2902389-why-am-i-paying-self-employment-tax

    https://ttlc.intuit.com/questions/3398950-what-self-employed-expenses-can-i-deduct

    https://ttlc.intuit.com/questions/1901340-where-do-i-enter-schedule-c

    https://ttlc.intuit.com/questions/1901110-do-i-need-to-make-estimated-tax-payments-to-the-irs

     

     

     

    **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.**
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