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New Member
posted Jul 26, 2019 10:52:52 AM

One of my two jobs wrongfully marked me as self employed and gave me 1099-misc form. The IRS told me to file form 1040. How do I get that started?

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3 Replies
Level 15
Jul 26, 2019 10:59:10 AM

Did you file an SS-8 and get a determination?

Not applicable
Jul 26, 2019 11:52:04 AM

Talk to your Employer. First, you can try to talk to your employer to see if it will review your classification and reclassify you as an employee. Explain that you think you've been wrongly classified as an independent contractor. At the very least, you should get an explanation as to why they think you are a contractor, instead of an employee.

Get the IRS Involved. If trying to talk to your employer doesn't work, you can contact the IRS. Workers who believe they have been misclassified as independent contractors may request that the IRS determine their employment status for federal tax purposes by filing form IRS Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. There is no fee for filing.

You answer a series of questions on this form about the nature of your work and how your employer treats you on the job. After the IRS receives the form, it will contact your employer to get their version of the facts. It will then determine what your status should be for purposes of federal employment taxes and income tax withholding. The decision made by the IRS will be binding on the IRS. It is not binding on your employer, but any employer who ignores the IRS's determination will be in for trouble.


One thing to keep in mind is that the IRS may disclose your identity to your employer, which might not make the employer too pleased with you.

 

This is not a quick process, so if your going the SS-8 route file as soon as possible

Level 15
Jul 26, 2019 12:42:56 PM

To file your 1099-MISC using TurboTax, enter it in the Other Common Income section on the line for 1099-MISC.  As you go through the follow-up questions, you'll come to a page titled "Do any of these uncommon situations apply?"  One of the choices on that page is that your employer reported the income on a 1099-MISC when it should have been reported on a W-2.  Check that box, and proceed through the rest of the questions.