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Subject Author Date
What is my recourse? asielb40 01-25-2007
Posted by Seth Breidbart on January 26, 2007, 5:58 am
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> Now with all this in mind... can I be considered an
> independent contractor

It seems to me you were an employee. Furthermore, only part
of your salary should be deductible by him, since some of
what you did was personal rather than business.

> and since I didn't fill out a W 9,
> but he plans on filing a 1099 for me... what are my tax
> obligations and how should I file. Do I have any recourse?

Ask the IRS.

> And to round off the story... looks like I am going to have
> to take him to court to get my last 3 weeks of pay. I have
> been gone since Jan 14th and he hasn't sent it to me or
> returned any correspondence.

It looks like he's trying to avoid you talking to the IRS.

Seth

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Posted by Wilecoyote on January 26, 2007, 5:58 am
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 asiel...@aol.com wrote:

> ...
> He never had me fill out a W 9 or W 4. But he wants to
> treat it as an independent contractor. He didn't take out
> any taxes from my pay over the 3+ months I worked there.
> ...

I'm not exactly sure what you mean by recourse. If your
talking legally, maybe you should post in the legal forum.
As far as Accounting and taxes go, your poor judgement has
left you in a situation where your holding the bag. Sorry.
As far as taxes go if you receive a 1099 you would claim it
on Sch C Profit and Loss from a business. You will be
responsible for Self Employment taxes on the profit. 7.65%.
It sounds as if you have racked some up expenses working for
this guy(which you can deduct against the profit), but it
also sounds like a lot of stuff you did was out of
freindship, so you may/maynot get those deductions. Whatever
the scenario is, chalk it up to a learning experience and
unfortunately it looks as if you may need a good accountant
now.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Harlan Lunsford on January 26, 2007, 5:58 am
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asiel...@aol.com wrote:

> ...
> He never had me fill out a W 9 or W 4. But he wants to
> treat it as an independent contractor. He didn't take out
> any taxes from my pay over the 3+ months I worked there.
> ...

Question. Since you didnt' fill out a W4 or W9, does he
have your social security number? If not, do not provide
it to him until and unless you are sure he will do right by
you and file W2 forms. Yes, you were an employee and that's
for sure.

When you file your tax return, absent any W2 OR 1099 from
him, use a form 45... uh... whatever it is called Substitute
W2 form. I just bet you did remember to write down his FEI #
so that should help in filling out that form number 47..
uh... whatever. 4752?

Forget about the three weeks pay. You'll no see a penny of
it.

ChEAr$,
Harlan Lunsford, EA n LA

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Phoebe Roberts, EA on January 26, 2007, 5:58 am
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asiel...@aol.com wrote:

> ...
> He never had me fill out a W 9 or W 4. But he wants to
> treat it as an independent contractor. He didn't take out
> any taxes from my pay over the 3+ months I worked there.
> ...

Contact your state's Wage & Hour department. They can get
you your back pay and potentially help establish that you
were an employee.

For the hours you did work related to hit child and mother,
you were by definition a household employee. That pay goes
on Line 7 with the notation "HH," which means you were a
household employee who didn't get a W-2. (Although Wage &
Hour may be able to get you a W-2 for that, too.)

Phoebe :)

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by nagrenol on January 26, 2007, 5:58 am
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asiel...@aol.com wrote:

> ...
> He never had me fill out a W 9 or W 4. But he wants to
> treat it as an independent contractor. He didn't take out
> any taxes from my pay over the 3+ months I worked there.
> ...

This is common in Arizona. You are now responsible for
federal tax, social security, and medicare. Write off as
much as you can that came out of your pocket then your
taxible income is figured on self-employment tax form
Schedule SE. GOODLUCK!!!!

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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