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1099 or W-2?

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  • 1099 or W-2?

    Guam (U.S. Territory)
    Tried to resolve my problem with a former employer by going to Dept. of Rev and Tax so they could get a W-2 for me. The person "helping" me at Rev and Tax was able to get my former employer to give me a 1099. The problem is I think I should've recieved a W-2 because I was an employee (see previous thread) and not an IC. When I asked why it was a 1099 instead of a W-2 I was told that because I was paid in cash and not taxed for it then I have to file a 1099. I've been doing research and here is what I understand: my former employer misclassified me to avoid paying taxes (tax evasion), she had me sign a paper stating that I would be responsible for my taxes to cover her @ss (breaking tax and labor laws), and she is supposed to pay any and all back taxes as a penalty. Can someone help me out? I either got my information twisted or I've learned more than the people at Rev and Tax through google. Am I supposed to file a 1099 or a W-2?

  • #2
    You file whatever you have at the time. However, contact the IRS because there are some procedures you can do specifically relative to this situation. Another poster may have the details; sorry, I don't.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you very much!! I will contact the IRS as soon as I can.

      Comment


      • #4
        http://www.irs.gov/businesses/small/...=99921,00.html

        http://www.scribd.com/doc/7849554/In...-Qualification

        It seems to me from what you've said that the employer is making a gigantic mistake here. Please look into the two links I have provided, I believe they can help you.

        Good luck and keep us posted if you can.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          Originally posted by kailanilin View Post
          Guam (U.S. Territory)
          Tried to resolve my problem with a former employer by going to Dept. of Rev and Tax so they could get a W-2 for me. The person "helping" me at Rev and Tax was able to get my former employer to give me a 1099. The problem is I think I should've recieved a W-2 because I was an employee (see previous thread) and not an IC. When I asked why it was a 1099 instead of a W-2 I was told that because I was paid in cash and not taxed for it then I have to file a 1099. I've been doing research and here is what I understand: my former employer misclassified me to avoid paying taxes (tax evasion), she had me sign a paper stating that I would be responsible for my taxes to cover her @ss (breaking tax and labor laws), and she is supposed to pay any and all back taxes as a penalty. Can someone help me out? I either got my information twisted or I've learned more than the people at Rev and Tax through google. Am I supposed to file a 1099 or a W-2?
          If you want the IRS to determine whether or not you were an employee, then you file for SS-8, separately from your tax return.

          Then, you would use form 8919 to report your income on your tax return. (instead of reporting it as a W2 or 1099)

          You will have to pay all of the taxes that you would normally have to pay, but you won't have to pay the employers share of social security and medicare taxes.

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          • #6
            Originally posted by LdiJ View Post
            Then, you would use form 8919 to report your income on your tax return. (instead of reporting it as a W2 or 1099)

            You will have to pay all of the taxes that you would normally have to pay, but you won't have to pay the employers share of social security and medicare taxes.
            That was the piece I was looking for, thanks LdiJ.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks everyone. I will try to keep you posted but I think we all know this could take awhile.

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              • #8
                Update!

                The amount on my 1099 is wrong. She had my income listed as $3,000 some and it should be over $13,000. I had my timecards and that is how I came up with over $13,000. I turned over the timecards (made copies 1st) when she threatened to turn me in for "stealing" her property. I held on to my timecards for my insurance because other than that there would've been no way for me to know how much I was making (and I saw her trash my timecards twice). So she now has the hard copies and I have NO idea how she came up with the amount on my 1099!! I called Rev & Tax and was told that any discrepancies would have to be worked out between my former employer and myself (we aren't on good terms). She told me to contact my former employer or her lawyer because her job was to get me my 1099 and her job is done. She said my former employer told her she is only listing "legit" income. As far as I know NONE of it is "legit" because I was paid cash so I have no papers or stubs except my timecards. She also mentioned my former employer saying something about how she doesn't even know if the timecards are correct and how anyone could make a timecard for any amount. I am so frustrated! All my timecards have her writing the total hours and amounts! But, they are not signed. I spoke to my dad and he said it's basically my word against hers. But she would have to prove that my income is what she says and I would have to prove my income is what I say. So, I have my timecard copies showing I made X amount and so does she. I'm wondering if I should just get a lawyer to talk to her lawyer instead. *sigh* Also, she hasn't kept accurate time and pay records for any amount of time (she wouldn't have known my income without my timecards). Any advice would be greatly appreciated!! I feel like I'm stuck.

                Comment

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