How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
14211116
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

I have worked for a property owner as a freelance resident

Resolved Question:

I have worked for a property owner as a freelance resident manager for about 5 mounths. He provides me an apartment and 2k a month. I asked that he provide a 1022/1099 so that I could report my earnings to the IRS.Now, he decides to go the W-2 /W-4 route and
wants take the back taxes (I would have owed the IRS) out of my check. Presumeably to gain the credit (he would have received by the IRS) on the loss of paying a contractor to do the work. This would violate our agreement on the 2k a month for services rendered among other IRS implications.
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.
Thank you for using JustAnswer!

Can you please clarify what is your actual question that you would like assistance with?
Customer: replied 3 years ago.

Can he bill me for this? My YTD earnings only account for the check i received today.

1k (i get paid bi-monthly) Why should I pay taxes on back payment i received by his personal checks that i have no records of or proof of payment i can show the IRS?

Expert:  JB Umphrey replied 3 years ago.
Have you already made quarterly estimated tax payments to the IRS?
Customer: replied 3 years ago.

First of all, Im glad you are from MI. I am from Grand Rapids.

I have not, because I do not actually hold the contractor status here in Oregon to

qualify.

Expert:  JB Umphrey replied 3 years ago.
Yes, the employer can treat this as a W-2 relationship and, actually, your ultimate tax burden will be less because of it. This is because you will only be having 1/2 of your FICA being withheld from your check. The employer has to match the other 1/2.

As an independent contractor, you are responsible for: 100% of the FICA payments and you're supposed to be making quarterly estimated tax payments to the IRS.

As a general matter, you are an employee (not an independent contractor). It would seem that your employer wants to avoid any problems with the Department of Labor or IRS down the road and that's why the employer wants to go the W-2 route.

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 3 years ago.

How does this explain our original contract for 2k a month cash? When/ how do

I receive documentation for payment of services rendered for the last five months.

Can he take about $700.00 out of my future checks for retro taxes before the W2

relationship was established?

Expert:  JB Umphrey replied 3 years ago.
A written contract cannot be designed to avoid employment/income taxes. One cannot successfully sue in court for breach of contract on the theory that now one has to pay taxes.

If a person is compensated for performed work, yes, employment taxes can be withheld. If employment taxes were not withheld in the beginning, yes, there can be a catch-up.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 14 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.