My employer never gave me a w2 or w4 to fill out...is that legal? Can I still file for taxes?
Did he pay you cash? Did he write checks personal or payroll? If he knows anything at all about you, his accountant will most likely get him to make him give you a 1099 and make you liable for all the taxes. You said he did not check your IDs like is necessary all it takes is your social and hes done and 1099s you. But call the labor board because every dollar you pay in federal taxes he has to meet or near it. He owed all the types of taxes. Find and go into your local labor board, you only have two and a half months to get this all done.
My employer has issued me a 1099 instead of a w2?
Sounds like your employer is treating you as an independent contractor versus an employee. Your employer can benefit from this because 1. they don't have to provide you with benefits 2. they don't have to pay unemployment tax on you 3. they don't have to cover you for workmen's comp 4. they can let you go at any time without recourse 5. they don't have to pay social security and medicare for you If you were expecting to pay about 8.39%, this is way too low. Just looking at social security and medicare tax itself, that is 7.65% for just the employee portion. Now that you are considered self employed, you'll need to double that (you will have to pay both the employer and employee portion). Of course, you can always go back and sue on the premise that you are truly an employee and not a contractor. This could cost your employer quite a bit, because they would need to provide you with benefits, contribute to taxes for you, etc. The general rule that the IRS has followed in previous cases (i.e. Microsoft) is that if the employee can dictate to you what work is to be performed, where the work is to be performed, and how it is to be performed, then you are an employee and not a contractor.
My employer gave me a 1099-MISC tax form?
As I understand it, when someone says they are paying you under the table, it is done SPECIFICALLY so that you won't be paying taxes AND she (he) doesn't intend to give you documentation for it. Some people do this for small jobs, like mowing someone's lawn, for instance. If you have worked there more than one day, then the employer is breaking the law. If you report them for this to the IRS, they probably won't be managing an Optometrist office much longer. You ARE at a serious disadvantage in this case because you will have to pay the taxes even though she didn't withhold them from your wages. And yes, as another answerer has said, they are your taxes you will pay, not hers. She has really done you a disservice. In the future, be very careful about agreeing to do any "under the table" transactions. Meanwhile, you will probably need to ask the IRS for the opportunity to make payments on your taxes. I see that others are saying to you that you "should have known, or should have done" certain things. I am sure that you didn't know you needed to do them and so you did not do them. Don't let yourself be insulted by their sarcasm. They just think that because they know better about things that they are smarter than you. It's not true. They are trying to build up their own ego at your expense. Consider this an opportunity to learn a few things about life. Come to think of it, with your wages being so small, you probably won't owe any taxes this year. Below is a link to where you can read more about installment plans with the IRS, if that becomes an issue. http://www.irs.gov/Individuals/Payment-P...
My cheating boss gave me a 1099 instead of a W-2. Will I have to pay employment taxes? Is that even legal?
was your employer taking out taxes (social security, medicare and federal income tax) throughout 2017? if so, then it could be a mistake, and the employer needs to issue you a W2 showing all the deductions. If your employer gave you a 1099 with no deductions shown, and this is not what you were given throughout the year, it could be a very big error, and you will have to get an IRS ruling (see previous answer how to get the ruling). If you were never given evidence of tax taken out, then you do owe self employment tax (see irs schedule SE to file ) and you do owe federal income tax big time.
I wrote about the independent-contractor-vs-employee issue last year, see http://nctaxpro.wordpress.com/20...Broadly speaking, you are an employee when someone else - AKA the employer - has control over when and where you work and the processes by which you perform the work that you do for that individual. A DJ or bartender under some circumstances, I suppose, might qualify as an independent contractor at a restaurant, but the waitstaff, bus help, hosts, kitchen aides, etc. almost certainly would not.There's always risk in confronting an employer when faced with a situation like yours - my experience is that most employers know full well that they are violating the law when they treat employees as independent contractors, and for that reason they don't tolerate questions about that policy very well - so you definitely should tread cautiously if you want to keep this position. Nonetheless, I think you owe it to yourself to ask whether or not the restaurant intends to withhold federal taxes from your checks - if for no other reason than you don't want to get caught short when it comes to filing your own return, even if you don't intend to challenge the policy.
This happened to me once, years before I ever started working for the IRS. If you received a W2, there's no problem. Simply file your tax return as normal and let the IRS worry about their end of it. You'll still get your refund and/or credit for the taxes paid as if your employer had actually sent them in, even if he's behind in his tax payments.If you didn't receive a W2, I hope you've saved pay check stubs where the employer indicated taxes withheld. If so, you can photocopy all of those pay checks and send them in with your return. It might take a little longer to get your refund and credit for the taxes paid, but you'll get it eventually. If you don't have any proof, your employer still has committed tax fraud. He's broken the law by not filing 941s (or other return designed to report and submit withheld taxes and the employer portion of those taxes), he's broken the law by not submitting the payments, and he's broken the law by not giving you a W2. Contact the IRS. You can start with the customer service number, but eventually, you'll probably have to talk to an individual at the IRS who specializes in tax fraud issues.
Employer failed to send me a 1099 form. What should I do?
If you received more than $600, they are requireed to send you a 1099, and as lawyers they should know that. Call the HR department, and if there isnt one, go to one of the named partners and calmly explain your problem and that you are next going to the state department of employment security and state department of revenue. They were required to send you one by the end of January. Despite some erroneous answers, you ARE required to report all income received, regardless whether or not the firm sends you the 1099. You will be filing a Schedule C, self employment and should be gathering all your records, mileage logs and receipts, anyway. Figure out your income, and your deductions to reduce the income on which you will pay self-employment taxes.
A2A.If you are an employee, then the employer was wrong.Employee business expenses are reimbursed by employers under two types of plans - accountable and non-accountable. Any reimbursement plan that does not meet the requirements for an accountable plan is, by definition, non-accountable.An accountable plan must meet the following requirements:The expenses must have been paid or incurred by the employee while performing services as an employee for the employer.The employee must adequately account for the expenses to the employer within a reasonable time after the expenses are paid or incurred. This is usually implemented through the filing of an expense report.If the employee receives reimbursement for the expenses in excess of the amount paid or incurred, the employee must return the excess within a responsible period of time - this allows for accountable plans in which the employee draws a travel advance.If your expenses were reimbursed under an accountable plan, the employer does not need to give you any tax form. If your expenses were reimbursed under a non-accountable plan, the employer is required to include them in your wages reported on Form W-2 (and make the appropriate income and payroll tax deductions). In no event should the reimbursements be reported on Form 1099-MISC.Contrary to some of the other answers, and assuming that you were reimbursed under a non-accountable plan, it is not correct to report this on Schedule C - this is not self-employment income. The correct way to report this is to file IRS Form 8919, Uncollected Social Security and Medicare Tax on Wages with your return. On Form 8919, you use Reason Code H, indicating that the amount reported on Form 1099-MISC should have been included with your wages, and figure your share of the SS and Medicate taxes that should have been withheld. You can also fill out IRS Form 2106, Employee Business Expenses to determine whether you have sufficient expenses to deduct on Schedule A, keeping in mind that as an employee your can only deduct the expenses to the extent that they exceed 2% of your adjusted gross income.