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Non-profit sent me a 1099-NEC but I am not an independent contractor

I work for a non-profit organization and was sent a 1099-NEC , but I do not fit the IRS definition of an independent contractor because the executive director of the non-profit org tells me what to do and how to do.

The non-profit is not tax exempt and doesn't pay anyone as an employee or any medicare/SS taxes.  

 

Does working for a non-profit automatically negate the IRS definition of an independent contractor such that anyone working for them, whether they fit the IRS definition of independent contract or not, needs to pay self-employment tax?

 

IN other words, if I request a reclassification through the IRS, will it be denied because I work for a non-profit?

 

thanks!!!

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Accepted Solutions
MaryK4
Expert Alumni

Non-profit sent me a 1099-NEC but I am not an independent contractor

No, if you are being treated as an employee, you should report them to the IRS.  If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Wi...

 

See also Exempt organizations: Independent contractors vs. employees.  Many non-profit do not realize their obligations but you should not have to make a forced donation of your FICA taxes.  

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1 Reply
MaryK4
Expert Alumni

Non-profit sent me a 1099-NEC but I am not an independent contractor

No, if you are being treated as an employee, you should report them to the IRS.  If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Wi...

 

See also Exempt organizations: Independent contractors vs. employees.  Many non-profit do not realize their obligations but you should not have to make a forced donation of your FICA taxes.  

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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