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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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In 2011 i received unemployment benifits along with a 1099.

Resolved Question:

In 2011 i received unemployment benifits along with a 1099. I have since realized what i have done was incredibly stupid and i am terrified i will get caught, get charged, loose my current job etc etc i dont know what to do
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. Are you worried because you were receiving 1099 income while collecting unemployment?

BizAttorney :

Did you file your taxes in 2011?

Customer:

i am worried i will get caught

Customer:

yes i filed taxes for 2011

Customer:

i just recieved a letter from IRS stating i had missed filing a 1099G from unemployment and that i either needed to pay a bill or i needed to amend my tax return

Customer:

i am amending it on tuesday

BizAttorney :

You have two options, you can do nothing, or bring it to light. Since you filed your taxes and amended your return, then you satified the IRS, who is the main person you should be worried about.

Customer:

i am more worried about the state finding out

Customer:

they could prosecute me, i work for a bank now, i finally have my life straightened out

Customer:

finally

BizAttorney :

It is unlikely they will unless you are collecting unemployment still.

Customer:

i can't believe i was so stupid to think that it was ok at one point

BizAttorney :

You could be forthcoming, but then they will likely make you pay it back.

BizAttorney :

I understand and at least you are dealing with it now.

Customer:

i dont care if i have to pay it back, i care that i will be charged and loose my job

Customer:

and obviously i wont have any unemployment

BizAttorney :

Do you work for the government?

Customer:

also

Customer:

no a big bank

Customer:

also

BizAttorney :

You will not likely go to prison. It is simply a misunderstanding on your part and not criminal.

BizAttorney :

The state can put you on a payment plan also. What is the amount they paid in unemployment?

Customer:

i had unemployment again for 2012 (difficult last couple years) and i recieved one weeks wages for a job but took unemployment realized what i did and skipped the following weeks claim and of course once that w2 was filed the EDD found out and i paid it back and was banned from unemployment for 13 weeks

Customer:

but in 2011 i did it for 27 weeks

Customer:

will the state find out if my earnings were reported on a 1099 and not a W2?

BizAttorney :

Yes, you could contact the unemployment office and tell them that you misunderstood the criteria and need to remedy the situation. They will escalate it to their supervisor and you will have to fill out some paperwork.

BizAttorney :

The state will only find out if they audit you, which is rare.

Customer:

oh really?

BizAttorney :

Yes, it is rare. Usually only the tax people dig into that information.

Customer:

are you sure

Customer:

i am sick over this

Customer:

i know i messed up big, but i swear i dont break the law in any other way

Customer:

not that that matters to anyone

BizAttorney :

I would advise you to confront it head on and contact the state.

BizAttorney :

It will help you feel better.

Customer:

if i contact the state, i am screwed

Customer:

they will charge me

BizAttorney :

Yes, there will be a civil penalty for sure, but not likely a criminal penalty.

Customer:

i have googled this for days, some people do get charged with it

Customer:

its a felony to take unemployment money while working

BizAttorney :

It is, but they usually only charge the people they audit and find out about them, not those who come forward.

Customer:

i can't believe that, i live in utah,

BizAttorney :

Southern or Northern?

Customer:

how likely am i to be audited? what sort of things would they red flag for an audit?

Customer:

northern utah

Customer:

im worried they will audit me because i forgot to add my 1099 G on my taxes for 2011 which was a total accident i swear and i paid taxes on my 1099

BizAttorney :

The odds are very low that you are going to be audited. I'd have to see your entire return to answer if you would be red flagged, but there are many reasons tax collectors audit. Usually in Utah it is because many people own their own businesses and incorrectly take deductions. You paid taxes on your income, so it wouldn't normally raise a red flag at all.

Customer:

no the only deduction i have is around 100 to a charity i subscribe to

Customer:

OH

Customer:

and i did put in an incorrect education deduction

Customer:

you are only allowed four years worth that was my fifth year

Customer:

honestly i didnt know that

Customer:

so obviously i have to pay that back, which is fine, that was my fault

BizAttorney :

Honestly, like I said earlier, it is unlikely you will get audited.

Customer:

ok, i just wanted to make sure you knew of all the stupid mistakes i made

Customer:

and if any of them came up as a red flag to you

BizAttorney :

I would suggest just waiting, unless it would make you feel better to square up with the state. If you do contact the state, there is little chance at getting jail time.If you do nothing, then odds are you will be fine.

BizAttorney :

No, none of those would be a red flag.

Customer:

oh my goodness

Customer:

i know youve already said this, but to clarify, odds are in my favor that i will be fine? not audited, and should thank my lucky stars?

BizAttorney :

Yes, that is correct.

Customer:

wow

Customer:

wow ok

Customer:

well that was actually the best $50 ive ever spent, i might actually sleep tonight

Customer:

and i have midterms, so i need sleep!

Customer:

omgoodness i feel so relieved

BizAttorney :

I'm glad I could help!! Have a good night and please leave feedback before you go to sleep.

Customer:

i am certainly never ever ever doing that again

BizAttorney :

Have a good night and good luck in your midterms.

Customer:

you got it sir!!!

Customer:

thank you

BizAttorney :

Take care!

Customer:

thank you so much

Customer:

you too

BizAttorney :

Anytime

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 22 other Legal Specialists are ready to help you

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