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My employer has not given me a 1099. how do I complete the form (calculations on taxes, etc.)?

Milwaukee, WI |

I am paid hourly, & supposedly on a 1099 however my employer has not given me a completed form to date, & I want to know how I complete them, if I need to. (tax with holdings needed, FICA, etc.
thanks

Attorney Answers 2


  1. Best answer

    If you are truly a worker who should receive a 1099, such as if you are an independent contractor, then it is up to you to make the estimated payments to the IRS based on your income. A CPA can assist you with this calculation. You may need to make estimated income tax payments to the IRS, and you will need advice regarding how to handle the employment tax issues for the IRS and the state in which you live. It is also possible that your employer is not properly classifying you as an independent contractor, and that you really should be treated as an employee, issued a W2 at the end of the year, and have taxes withheld from your paycheck. You generally won't receive a 1099 or W2 until at least February of the year following the year for which you received payments/wages.


  2. If you think you should have received a W-2 instead of a 1099, you might contact the IRS and talk to them about an SS-8 claim. This could potentially cause the employer to pay the taxes he should've withheld. Assuming you should be an independent contractor, total up what you received, and report the income, without the 1099.

    Julie Camden is authorized to handle IRS matters through the United States. Her phone number is 317-770-0000. Her email is jc@camlawyers.com. For further tax advice, go to www.camlawyers.com.

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