Hi,

A year ago I filed an SS8 against a company I worked for for the second half of 2008 and beginning of 2009. I just got word today that the IRS found I was indeed an employee. I have a few questions:

1. The company already sent me a 1099 for 2009. I imagine they will have to send a W2?
2. I have paid taxes on the 1099 assuming I was an independent contractor for them during 2008. Will I get any money back? My salary was 110k. I took all kinds of deductions, including home office, but I did do work on my own and so that may still be valid.
3. Can I now get unemployment? I have been out of work since 1/1/10. How do I go back and inform unemployment so that they are aware?
4. Did I actually do myself a disservice by filing the SS8 because I will lose the deductions I took as an independent contractor?

Best,

Gary

You will have to amend your tax return and pay the tax due with interest since you can not take the expense deductions with W-2.
On W-2, employee business expenses are itemized deduction subject to 2% AGI limit.

You will have to amend your tax return and pay the tax due with interest since you can not take the expense deductions with W-2.
On W-2, employee business expenses are itemized deduction subject to 2% AGI limit.

I don't understand. I still maintained a separate business and expenses were not covered by my employer.