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    sciconf's Avatar
    sciconf Posts: 4, Reputation: 1
    New Member
     
    #1

    Mar 27, 2005, 04:59 PM
    SE Tax: Small Claims awards $5000 for abruptly Terminating
    Hi

    The Small Claims Awarded $5000 for Terminating the Indep Contractor agreement without giving the 2 weeks notice.

    I was employed through another company and was paid through that company - however, I was asked to leave w/o the required 2 weeks notice.

    I aksed for the 2 weeks pay and wasn't granted.

    So I went to the small claims directly bypassing the middle man.

    Court ordered them to pay me the $5000 since that's the most the court can awards (it's less than the 2 weeks pay ).

    Company then asked me to sign forms and I didn't.

    Company later issued a 1099-MISC for this payment with all "0"s for my SSN?

    Should I pay Self Employment Tax - I didn't offer any service for this $5k - they paid it as a damage?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 27, 2005, 05:59 PM
    Sciconf:

    Since the award was made to compensate for lost earnings (in this case, self-employment income), you must treat it as self-employment income on your tax return.

    So the answer is Yes, you should pay self-employment taxes on this award.

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