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Should I fill out a W-9 even though I was an employee Nevada

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  • Should I fill out a W-9 even though I was an employee Nevada

    I worked for a small business for a short period of time last year and they are requesting that I submit a W-9. I thought that form was only if you are a a contractor not an employee. I was an employee and was paid cash. I didn't get paid the whole amount when I left the job. Please help

    I was never given a W-2 although I was not an independent contractor. I am being told that if I don't fill it out that I will have 28% witheld - does that mean that I would have to pay back 28% of my earnings?

    I agreed to design a website during the time in which I was employed - this was separate from my regular job duties. I continued to work on the website after leaving the job. I was supposed to receive payment once the site was completed. I was told that the site needed to be done by a specific date and found it very bizarre that they were not responding to my requests for information that was needed - pricing, products, ect.... I waited for nearly two weeks and then finally gave them the administrative rights so that they could add the missing information when they had the time to do so. I at that time requested payment. Six months later, I received an e-mail stating that my services would no longer be needed and that I did not fulfill my obligation..

    Basically they got a web site and store front for free and I think that was their plan from the get go. Now they are requesting that I fill out a W-9 -
    I just feel like I am getting the run around...
    Last edited by lyte25; 02-10-2008, 07:35 PM. Reason: additional information

  • #2
    The problem is this. Either your former employer does not know what the rules are or your former employer does not care what the rules are. The rules are in IRS publication 15 and your former employer for whatever reason is not choosing to follow them. I am pretty sure that whatever we say on this website is not very likely to change your former employer's mind. Worse, there is nothing to say that if the employer gets pressed enough they might not just make the payment at all. Your decision, but I would get the money first before going out of my way to P.O. your former employer.

    It sounds like there is a 100% chance that your employer is not going to treat you like an employee. Your only short term decision is whether or not you want them to take that 28% withholding. I would not if I were you, but it is your decision. Apparently the only way that you can stop your employer from talking the 28% is to file a W-9. Not sending in a W-9 will not stop your employer form 1099ing you.

    Long term, once you get the money, you have options, and responsibilities. You have to get the income taxes to the federal and state government. While the government may or may not choose to penalize the employer's for their actions, this will in no way protect you for failing to deposit income taxes due. Either increase the withholding at your current employer or direct deposit the funds your self. You owe your part of the FICA to SSA. I do not know how to get it to them.

    Which raises the next question. After you get your money, just how hard to you want to push your former employer. It the answer is "pretty hard", write letters to IRS and SSA briefly explaining the situation. Raise no issues not very directly involved with taxes not withheld. If the former employer kicked your dog, or called you names, do not bother telling IRS/SSA. They do not care.

    IRS has a form SS-8 that you might want to look at. I have no idea what SSA's forms or procedures are. Maybe they let IRS do the leg-breaking for them.

    The last issue is unemployment insurance. Your employer presumably does not consider you an employee for UI. This implies that your state has no record of your wages. This may or may not be an issue later. Make a photocopy of your check. You might need it later.

    http://payroll-taxes.com/articles/em...ontractor.html

    http://www.dol.gov/esa/regs/compliance/whd/whdfs13.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I was told that I would be paid "Cash" during the probationary period due to their high attrition rate. I suggested that they at least use a payroll service or a temp agency to handle the Unemployment, Taxes, etc..... to no avail obviously.

      I am just not sure how to protect myself .....

      Thanks for your response.

      Comment


      • #4
        You should at least turn them in to the authorities for what they are doing as it is illegal, immoral, improper, and unconscienable.

        If they go out of business because of it, so much so the better. People have got to learn that there is a right way to do things and when they don't do right someone gets hurt, often it's not who needs to get hurt over things like this.

        Comment

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