What do I do if my boss did not take out taxes and does not report my wages or hours?

[amybethkent]

I was never asked to fill out a W9 and he will not provide me with end of year tax documents. He makes a deposit at my bank when I give him my hours. I am the full time director of a gallery he owns.

[SweetieJean]

See this:

About Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income ...

[amybethkent]

Thank you for the link to the form. That is very helpful. Is what he is doing illegal? I am one of 3 new employees and we don’t know how to do our taxes. I would really appreciate any advice you could give me. Thank you so much. 

A

[macuser_22]

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@amybethkent wrote:

Thank you for the link to the form. That is very helpful. Is what he is doing illegal? I am one of 3 new employees and we don’t know how to do our taxes. I would really appreciate any advice you could give me. Thank you so much. 

A

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It may be.   Sounds like you are an employee and not self employed unless you choose your own hours of work, and are not controlled by your employer how to do your job.   Self-employed persons control their own work and hours.

Without a W-2 then you would need to file as self-employed.

You can also file a complaint with your state board of labor if you are misclassified.

But be aware, that receiving letters from the IRS or state, might make the employer no longer need your services.

[abk25]

Thank you so much for your response. After numerous requests to acquire any sort of tax doc from my employer, I am realizing that this isn't even a 1099 situation. I am completely being payed under the table and he has no intention of supplying me with any type of docs that claim I am his employee.

I am the director of a very high end antique store that I run alone. If I claim "self-employed" do I have rights to manage my own hours and make decisions without his consent? I am so lost and I am so stupid for getting myself in this situation. I don't want to lie on my taxes but I don't want to get fired either... Can anyone please clarify what my rights are? and what my options are? It would be so very appreciated. 

A

[JotikaT2]

If you determine you are really "self-employed" then yes, you would be able to determine what your hours are and you make all decisions as you are in charge of your business per se.

Please see the link below for more information on how self-employed businesses operate and the tax consequences.

Are you self-employed

Self employment income and expense guide