Employer wants to give me a 1099 but I'm not an Independant Contractor?

Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby jay59 » Thu Apr 21, 2011 11:49 am

I work for a family taking care of their elderly father. They have been telling myself and the other 3 girls that work there that they need our names and ss#'s but never gave us any forms. The night before taxes were due to be filed they called us and wanted our information and said we are going to be issued a 1099. We aren't self employed and after searching the IRS website to make sure of this, the family is angry that we don't want a 1099. Weren't we supposed to be given wage statements before February? And they have not paid any unemployment tax so if we lose our jobs we can't file for unemployment? I refuse to give them my ss#, does anyone have any advise for me? The family did not plan and procrastinated until the last minute and it seems like they want the employees to fix it for them!
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Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby treabhar » Thu Apr 21, 2011 11:51 am

You have to give them your SS# either way. If you're an employee, then you give them a W-4 with your SS# and they issue you a W-2. You'd be responsible for taxes plus the social security and medicare that SHOULD have been withheld all along.

If you're a contractor, then you'd have to give them a W-9 with your SS# and you'd owe taxes plus self employment taxes that cover both the employee and employer half of the payroll taxes.

Either way, you MUST give them your SS# and report the income and pay taxes on it. Legally speaking, you were required to report it whether or not you ever got a tax form. You can dispute your status as a contractor and make your case to be treated as an employee, but you still have to report your income and pay taxes on it. The only thing in question on the contractor vs employee discussion is half of the payroll taxes.
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Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby ulz89 » Thu Apr 21, 2011 11:52 am

You have to give the SS number regardless of your status. You will have to pay taxes. You can dispute the contractor status but not the income.
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Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby manfried » Thu Apr 21, 2011 11:54 am

Well you must have known taxes weren't getting taken out of your check or you were even getting paid cash? So you knew already they weren't taking taxes out. So what's your gripe now?
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Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby garadin35 » Thu Apr 21, 2011 11:55 am

Sounds like a shady employer. I'd find a new employer ASAP!
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Employer wants to give me a 1099 but I'm not an Independant Contractor?

Postby yanisin25 » Thu Apr 21, 2011 11:56 am

If you earn money, you have to pay taxes on it whether you get a 1099 form or not. It doesn't matter if you are an 'independent contractor' or not, even babysitters are suppose to file taxes.

The family should have had you fill out a W9 when they hired you if they were going to give you a 1099. And yes they were suppose to send you a 1099 by the end of Feb. But again, even if you don't get a 1099 you are suppose to file taxes.

If you didn't fill out any paperwork and didn't give them your ss# then of course there is no unemployment taxes. Only 'employees' get taxes deducted by their employer and have their employer pay unemployment tax. But whether you are an employee or not, you still need to file taxes.
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