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InvisibleLiquidkick
H2O
Registered: 05/03/02
Posts: 2,635
Re: unexpected 1099 wtf! [Re: sherm]
    #9092827 - 10/17/08 05:15 PM (15 years, 3 months ago)

Quote:

sherm said:
If hes trying to fuck you, fill out an SS-8 form and fuck him harder.
handing people 1099s is a pretty common douche bag employer practice.
http://www.irs.gov/pub/irs-pdf/fss8.pdf

http://www.irs.gov/faqs/faq4-3.html
Quote:

I received a Form 1099-MISC instead of a Form W-2. I'm not self-employed, I do not have a business. How do I report this income?

If payment for services you provided is listed in box 7 of Form 1099-MISC (PDF), you are being treated as a self-employed worker, also referred to as an independent contractor. You do not necessarily have to "have a business," but simply perform services as a nonemployee to have your compensation treated this way. The payer has determined that an employer-employee relationship does not exist in your case. That determination is complex, but is essentially made by examining the right to control how, when, and where you perform those services. It is not based on how you are paid, how often you are paid, nor whether you work part-time or full-time. There are three basic areas that are relevant to determine employment status:

    * behavioral control,
    * financial control, and
    * relationship of the parties

For more information on employer-employee relationships, refer to Chapter 2 of Publication 15, Circular E, Employer's Tax Guide and Chapter 2 of Publication 15-A (PDF), Employer's Supplemental Tax Guide. If you think that you were, or are, an employee and you would like the IRS to issue a determination, you may submit Form SS-8 (PDF), Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.






http://www.irs.gov/publications/p15/ar02.html#d0e982

Quote:

2. Who Are Employees?

Generally, employees are defined either under common law or under statutes for certain situations.
Employee status under common law.  Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed. See Publication 15-A for more information on how to determine whether an individual providing services is an independent contractor or an employee.

  Generally, people in business for themselves are not employees. For example, doctors, lawyers, veterinarians, construction contractors, and others in an independent trade in which they offer their services to the public are usually not employees. However, if the business is incorporated, corporate officers who work in the business are employees.

  If an employer-employee relationship exists, it does not matter what it is called. The employee may be called an agent or independent contractor. It also does not matter how payments are measured or paid, what they are called, or if the employee works full or part time.

Statutory employees.  If someone who works for you is not an employee under the common law rules discussed above, do not withhold federal income tax from his or her pay, unless backup withholding applies. Although the following persons may not be common law employees, they may be considered employees by statute for social security, Medicare, and FUTA tax purposes under certain conditions.

    *

      An agent (or commission) driver who delivers food, beverages (other than milk), laundry, or dry cleaning for someone else.
    *

      A full-time life insurance salesperson who sells primarily for one company.
    *

      A homeworker who works by guidelines of the person for whom the work is done, with materials furnished by and returned to that person or to someone that person designates.
    *

      A traveling or city salesperson (other than an agent-driver or commission-driver) who works full time (except for sideline sales activities) for one firm or person getting orders from customers. The orders must be for items for resale or use as supplies in the customer's business. The customers must be retailers, wholesalers, contractors, or operators of hotels, restaurants, or other businesses dealing with food or lodging.

  See Publication 15-A for details on statutory employees.

Statutory nonemployees.  Direct sellers, qualified real estate agents, and certain companion sitters are, by law, considered nonemployees. They are generally treated as self-employed for all federal tax purposes, including income and employment taxes. See Publication 15-A for details.

Treating employees as nonemployees.  You will generally be liable for social security and Medicare taxes and withheld income tax if you do not deduct and withhold these taxes because you treated an employee as a nonemployee. See Internal Revenue Code section 3509 for details. Also see Special additions to tax liability under Prior Period Adjustments in section 13.

Relief provisions.  If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. To get this relief, you must file all required federal tax returns, including information returns, on a basis consistent with your treatment of the worker. You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977.

IRS help.  If you want the IRS to determine whether a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.









LOL, if you fill out the ss8 form and are trying to get the IRS to make a decision or inform you how you should file... if the employer gets busted for handing out 1099s to people while they should be covering half of their taxes for them..... it will pretty much effectively kill the employer's business unless they are very large.

sweet revenge though...but evil indeed.


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Invisibleseven
.
Male

Registered: 06/09/08
Posts: 1,478
Loc: north carolina
Re: unexpected 1099 wtf! [Re: Liquidkick]
    #9092897 - 10/17/08 05:37 PM (15 years, 3 months ago)

allright so the guy i worked for: gets a work tickett from the shop: completes a job with my help: shop pays him without holding taxes: he then was paying me without holding taxes. so if he trys to give me a 1099, and i fill out the SS8 form: what will happen after this?


--------------------
grind


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InvisibleVeritas
 User Gallery
Registered: 04/15/05
Posts: 11,089
Re: unexpected 1099 wtf! [Re: seven]
    #9093529 - 10/17/08 08:07 PM (15 years, 3 months ago)

The IRS will audit the company in order to determine your status (employee/non-employee).  Once their determination is complete, they will send you a letter with their decision.


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