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    notanic43's Avatar
    notanic43 Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 9, 2010, 09:50 AM
    1099 misc fraud
    I just received a 1099 that is inflated by 8,000.00. I have requested a corrected 1099, by email, how long do they have to respond? They employer never asked for my info, (ssn, address) she got it from another family member that I worked full time for and as an employee. The fulltime employer issued me a 1099 and I know how to fight that one, how do I go about the wrong amount on the other 1099? For this year I should have received a w-2, and a 1099. Instead I have two 1099's. The one 1099 I should get has the wrong income. The question is how long do they have to respond, or do I just have to get a corrected one myself and how would I do that?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 9, 2010, 01:43 PM

    1. If you find that the employer is wrongly classifying you as a contractor instead of a regular employee, file Form SS-8 with the IRS. Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. Firms and workers file Form SS-8 to request a determination of the status of a worker for purposes of federal employment taxes and income tax withholding.

    2. If you feel that income reported on 1099-misc is inflated by $8,000, write or send email to employer giving details of payments received by you.
    It is possible that employer is treating some of your expense reimbursement as income as they may have paid you under non-accountable plan. In that case you will claim the expenses on schedule C (Form 1040).

    3. You should understand W-2 vs 1099-misc. On W2 the employer must withhold Social Security and Medicare taxes.
    On 1099-misc, you will pay 15.3% SE tax instead of 7.65% withheld from W2 income. Thus you pay about 7.5% more. The advantage of getting 1099-misc is that you can directly deduct your business related expenses on schedule C or C-EZ. On W2, you can take business related expenses only as itemized deduction Your U.S. Tax Return: W2 vs 1099-Misc: Employee vs Independent Contractor.
    notanic43's Avatar
    notanic43 Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 9, 2010, 02:01 PM

    I understand about my ss-8, I know I am mis classified as an I/c. I also have no expenses, I worked in their home as a caregiver, my work was on going and continuing, had paid holidays and sick days. I know the employer committed fraud to try and rid herself of the tax burden. My question is and was how longd do I have to wait on the relpy for a corrected 1099. I had no expenses, I just cleaned their house at a rate of 10 per hour. Purely a side job for me to help ends meet. How long do they have to reply. I like to file my taxes in a timely manner.. I am purely looking for a time line for a response. I sent an email, and I will send a reg. letter if I have no response. That is why I am looking for a time line.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Feb 10, 2010, 01:15 AM

    You have to get the answer from your employer. If your employer is delaying to issue amended 1099-misc, you can call IRS.

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