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tol123 · Feb 1, 2009, 10:12 AM

Hello everyone... I was an employee for this private owner for the last 4 years, I had my w2 in 2005,2006,2007 I decide to quit on him last August... he kind of didn't like it... I used to make 12,500 per year... now he sent me 1099 form with amount of $48,000.. I tried to contact him... the guy who answered told me that the boss will send you the W2 in couple days... help me

JudyKayTee · Feb 1, 2009, 10:16 AM

Originally Posted by tol123

hello everyone.....i was an employee for this private owner for the last 4 years, i had my w2 in 2005,2006,2007 i decide to quit on him last august....he kinda didnt like it....i used to make 12,500 per year...now he sent me 1099 form with amount of $48,000 ..i tried to contact him ...the guy who answered told me that the boss will send u the W2 in couple days.... help me

You have to see how this is corrected before you take any action or go to IRS or Wage and Hour.

tol123 · Feb 1, 2009, 10:19 AM

Thanks judy a lot... but the owner just refused to corrected... is there any good chance to fight it... I have all my taxes from last 3 years.. never had this 1099 be4

JudyKayTee · Feb 1, 2009, 10:35 AM

Originally Posted by tol123

thanx judy alot....but the owner just refused to corrected.....is there any good chance to fight it...i have all my taxes from last 3 years ..never had this 1099 be4

If someone said the employer is going to send you a W-2 I think you have to see what that says (and if he somehow corrects the 1099) before you know how to proceed.

Aside from the fact that your employer really seems to be a jerk I don't know what his master plan is here.

In any State I know you can't be changed from an employee to an independent without being notified. Your checks - if you agreed to a change - would have been in a different amount because the tax structure would have been different.

Did your checks continue in the same amount and suddenly you're told you're an independent/1099 employee?

tol123 · Feb 1, 2009, 10:40 AM

Concerning checks.. yes they r.. by the way all my checks were cashed with him... he is a big jerk becoz he did tell me that he knows everything and he can screw anybody he wants'\.. etc..
What I am concerning here about is this big amount... I didn't do anything more than what I was doing.. and what to make sure he wouldn't keep doing it... I didn't sign any papers to change my employee nothing... its really bugging me how people can be really evil... thanx a lot judy.. and keep me updating... great wbsite here

tol123 · Feb 1, 2009, 10:42 AM

Judy... if you don't mind... can you tell me from your personal experience how can he do that stuff... I mean he is a jerk but is he ready for me to fight it... I know we can't read his mind.. but isn't something he should worry about me fighting 1099 on him??

JudyKayTee · Feb 1, 2009, 10:44 AM

Originally Posted by tol123

concerning checks..yes they r ..by the way all my checks were cashed with him ....he is a big jerk becoz he did tell me that he knows everything and he can screw anybody he wants'\..etc..
what i am concerning here about is this big amount ...i didnt do anything more than what i was doing ..and what to make sure he wouldnt keep doing it...i didnt sign any papers to change my employee nothing...its really bugging me how ppl can be really evil...thanx alot judy..and keep me updating...great wbsite here

Do you have copies of ANY of your checks, paystubs, anything?

If you protest this he will have his "proof" and you will need yours. Of course, if he claims he paid you $48,000 and your job was something not in that wage category (for example, people at McDonald's don't make $48,000 a year), then that can be your argument.

I am a 1099 employee and several years ago got a 1099 in an absolutely incorrect amount, way out of line with what I had actually billed and been paid, the bookkeeper claimed it was correct. I didn't know what to do so I submitted MY information to IRS with a notarized Affidavit and the proof that I had and IRS used my figures, not theirs. Some time later I got an amended 1099 but I don't know what went on behind the scenes.

tol123 · Feb 1, 2009, 11:07 AM

Judy.. u r a great help... I do have copy of march and feb... stubs... my job was a cashier register at his gas station...

JudyKayTee · Feb 1, 2009, 11:11 AM

Originally Posted by tol123

judy..u r a great help....i do have copy of march and feb ....stubs....my job was a cashier register at his gas station....

One of the tax experts will come along shortly, someone who knows a lot more about this than I do - I hang out on the legal boards.

If you made $48,000 working as a cashier at a gas station I am applying for that job immediately!:)

I'll be back later to see what other people have said.

tol123 · Feb 1, 2009, 11:14 AM

You are right.. I wouldn't quit too from this job... this guy really is a jerk... but is he stupid or he is smart to give me 1099 form as employee cashier register.. I hope judy someone will be here soon.. thanx a lot you were so helpful.. I wish you all the luck and God bless u

ScottGem · Feb 1, 2009, 11:56 AM

Ok, here's the deal. He can get in big trouble if he files false information with the IRS. So my suspicion is that he gave you the 1099 as a bit of revenge but mailed an actual W2 yesterday.

However if you don't get the W2 in the next few days, then I would go to the IRS and ask what you can do about this. If you have paystubs showing that taxes were withheld, then he has to give you a W2.

Now its possible that he may claim that you earned an additional $48K as a contract employee. But with your previous returns and the type of job, I suspect he's not going to be believed unless he can show checkes may out to you and cashed by you. If he claims it was all cash, then he may need to pay taxes on that money.

By the way, this is not a chat room or text messaging. Please do not use text speak here.

tol123 · Feb 1, 2009, 12:13 PM

Great help scottgem...

AtlantaTaxExpert · Feb 2, 2009, 03:11 PM

By sending you a Form 1099, he can claim that amount as an expense on his business while, at the same time, "punishing" you by making you liable for a LARGE tax bill.

You can estimate what you made for the year based on the few months worth of paystubs. File your return on THAT basis, and submit the substitute form for the W-2 instead of using the Form 1099 he provided you.

You will also need to sign a statement detailing what happened and send it in via normal mail. Suggest you bit the bullet and get professional help doing this.

Once the IRS investigates, it will become apparent what the owner is doning, and the IRS will accept your figures.

As to how much trouble this gets the "jerk" gets into remains to be seen. I DO know that, if I were an IRS auditor and I got this case, I would be REAL INTERESTED in review his other tax records to see what other shenigans this guy has been trying for the past several years, under the theory that where there's smoke, there IS fire.