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?

[apples-oranges01]

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? 

[AmandaR1]

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]

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]

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]

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.

[Tim37]

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

[BillM223]

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

• Is your adjusted gross income (AGI) $36,000 or less?
• Were you active duty military in 2019 with an AGI of $69,000 or less?
• Do you qualify for the Earned Income Tax Credit (EIC)?

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.

[Lnicole0352]

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

[Lnicole0352]

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]

My boss paid me by the hour and it was cash

[Fishbig1967]

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

[xmasbaby0]

@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

[AmberLynne]

I was an employee for Aladdin Shipping and he would always promise to take taxes out but never did, he gave me a 1099 misc last year and I worked for him up until last week of March making $1200 every 2 weeks and I have all the paychecks still and another job that I worked 2 weeks at making a total of $1440 in 2 weeks but fired me bc I had to stay home with my son bc he got hit by a car but how can I get a 1099 if they won’t answer their phones? I need to file asap pls help 

[Critter-3]

If you have net self employment income of $400 or more you have to file a schedule C in your personal 1040 return for self employment business income. You may get a 1099-NEC for some of your income but you need to report all your income.  So you need to keep your own good records. Here is some reading material……

You don't need a 1099 to enter self employment ... just use the general income section :

IRS information on Self Employment….
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Self-Employed-Individuals-Tax-Center 

Publication 334, Tax Guide for Small Business
http://www.irs.gov/pub/irs-pdf/p334.pdf 

Publication 535 Business Expenses
http://www.irs.gov/pub/irs-pdf/p535.pdf 

Home Office Expenses … Business Use of the Home

https://www.irs.gov/businesses/small-businesses-self-employed/home-office-deduction

https://www.irs.gov/pub/irs-pdf/p587.pdf

Publication 463 Travel, Gift, and Car Expenses

https://www.irs.gov/pub/irs-pdf/p463.pdf 

Publication 946 … Depreciation

https://www.irs.gov/pub/irs-pdf/p946.pdf

[Hal_Al]

You report the income from your own records, no matter how weak those records are and even if they consist of nothing more than your memory. If you plan to claim refundable credits (earned Income Credit, Additional Child Tax Credit),  based on this earned income, you may get some kickback from the IRS. The self employed are expected to keep records. Getting paid by check is best. Depositing cash payments in a bank account are common ways of creating a paper trail.

The IRS considers undocumented cash income (no W-2 or 1099-NEC), for work performed, to be self employment income. You report the income from your own records. Enter at "Business Income & Expenses" and TurboTax (TT) will complete Schedule C for you and allow you to deduct any expenses associated with this income. You'll also have to pay self employment tax (social security & medicare tax) on any profits greater than $432.