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    malina's Avatar
    malina Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 17, 2005, 01:25 PM
    1099 MISC instead of W2
    Hi,
    I was unpleasantly surprised by my former employer at the end of the year by getting 1099 MISC instead of W2 form. Now I have to pay self employment taxes. Do you know what form to use to to state that for IRS and possibly make my employer pay his half of Socoal Security and Medicare Taxes?

    Thanks in advance
    Malina
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 18, 2005, 07:55 AM
    Malina:

    That's a tough road to take. You would have to report your former employer to the IRS and argue convincingly that you met the criteria for being an employee. Search the IRS website (www.irs.gov) and download the checklist that the IRS uses to determine whether you qualified as an employee vice a subcontractor.

    Regardless, you will have to file a Schedule C/C-EZ and Schedule SE to account for the income on Form 1099-MISC. File the return and pay the tax (or start a payment plan) prior to April 15th. If you succeed in your argument with the IRS, you can then amend the return and get your SE tax money back.
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