What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby makolm18 » Tue Feb 08, 2011 6:01 pm

I provided childcare services for a few months last year for a family while I was still in college. She said she would send me a 1099, but still haven't received it.(today is Feb 7) I inquired a few weeks ago but she said she hasn't done it yet. I have read that employers are supposed to get this to you by Jan 31st. what happens if they don't? Am I OK to file without it since she didn't send it? Or regardless am I still obligated to include it in my taxes and wait for it?
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby gilli » Tue Feb 08, 2011 6:02 pm

You do not have to wait for a 1099. You should have kept accruate records of the earnings. You include the earnings on your taxes. You do not send the 1099 to the IRS (unlike a W2 which is sent).
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby akecheta » Tue Feb 08, 2011 6:05 pm

If you performed the services in HER home, she MUST send you a Form W-2 since you were a household employee. If you have not received it by Feb 15th, call the IRS and file a missing W-2 complaint. The will assist you in getting your W-2.

If she thinks that she can fob off her share of the FICA tax liability on you by giving you a Form 1099 (which would never be appropriate even if you did the work in your own home since it's not a business service) show her IRS Pub 926 url_not_allowed.irs.gov/pub/irs-pdf/p926.pdf and tell her to get off of the stick and get your W-2 to you ASAP.

If you performed the service in YOUR home than you are a self-employed baby sitter or daycare provider and you use your records to prepare your return. She would not provide you with ANY documentation, though she may request your SSN if she will be claiming the Child & Dependent Care Credit. See IRS Pub 587 url_not_allowed.irs.gov/pub/irs-pdf/p587.pdf if that's the case.
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby gram17 » Tue Feb 08, 2011 6:08 pm

i guess no
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby bonar51 » Tue Feb 08, 2011 6:12 pm

Yes, you must include it.
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby noach26 » Tue Feb 08, 2011 6:13 pm

YES, you are required to include the income in your tax return whether you receive the 1099 or not. You are/were self employed and required to keep records and receipts of your income and expenses.
www.irs.gov self employment
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What if employer does not send your 1099/w2 by Jan 31st? Still obligated to include it in my taxes?

Postby galvin » Tue Feb 08, 2011 6:16 pm

you must report all income received from any sources.
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