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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We have a contract 1099 employee who changed status to

Customer Question

We have a contract 1099 employee who changed status to Regular employee on 6/8/16 by turning in a W4 on that date. He had dated the form 6/6/16. Want to make sure that since he did not turn it into us until 6/8/16 and we accepted it that day, that is the day we go by and we do not have to go by the 6/6/16 he supposedly signed it. 6/7/16 was the day he mentioned it was going to bring it in on 6/8/16.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

It does not matter when the form was dated, it matters what the 'effective date' of the change would be. And that is based on when the document was received and when you accepted the change. As you accepted it on 6/18/2016, that is the date when the change is going to be treated as binding. Just make a note for your own records that the 'effective date' is different from the signed date in case the employee or the IRS later has concerns.

Hope that helps!

Sincerely,

Dimitry, Esq.