helow Posted April 12, 2008 Report Share Posted April 12, 2008 A driver received a 1099-Misc from his employer. But TP is claiming he was an emoployee. He is no longer with this employer and says schC should not be part of his return. He has no expenses and as a result has a tax liability. What can I do? Thanks Helow Quote Link to comment Share on other sites More sharing options...
joanmcq Posted April 12, 2008 Report Share Posted April 12, 2008 8819? and SS-8 Quote Link to comment Share on other sites More sharing options...
helow Posted April 12, 2008 Author Report Share Posted April 12, 2008 Waaw, do I have to fill out all these questions? :scratch_head: Quote Link to comment Share on other sites More sharing options...
helow Posted April 12, 2008 Author Report Share Posted April 12, 2008 Can this be considered as other income? Quote Link to comment Share on other sites More sharing options...
JohnH Posted April 12, 2008 Report Share Posted April 12, 2008 Waaw, do I have to fill out all these questions? Only if you want the form to be accepted. Quote Link to comment Share on other sites More sharing options...
LindaB Posted April 12, 2008 Report Share Posted April 12, 2008 Can this be considered as other income? No, you cannot put it on line 21. Quote Link to comment Share on other sites More sharing options...
Julie Posted April 12, 2008 Report Share Posted April 12, 2008 Ask to see his pay stubs. On the drivers I've seen, a great deal of the pay was withheld for expenses (but included on the 1099). Expenses like fuel and rent for the company-owned truck. Yes, this is illegal on the part of the employer. If you're in California, the state would like to know about this, too. But yes, use the new form (is that the 8819?) to get an opinion from IRS regarding his former employment status. A driver received a 1099-Misc from his employer. But TP is claiming he was an emoployee. He is no longer with this employer and says schC should not be part of his return. He has no expenses and as a result has a tax liability. What can I do? Thanks Helow Quote Link to comment Share on other sites More sharing options...
SunTaxMan Posted April 13, 2008 Report Share Posted April 13, 2008 "Ask to see his pay stubs." ?? He may not have 'pay stubs' as such. But he may have 'settlement sheets' or some similarly-named reporting to him of income and expenses, and perhaps this is limited to one for every trip, rather than a "settlement sheet" for each pay period. Some paperwork gets very complicated. How you handle any expenses found is another matter. If it should have been W-2, then "expenses" are limited to 2106, but the expenses need to be examined. Quote Link to comment Share on other sites More sharing options...
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