Have a Tax Question? Ask a Tax Expert
Thank you for your question. If you are a true employee, your employer should be reporting you as a W-2 employee. If your employer has misclassified you as a subcontractor, he/she could owe back employment taxes upon an audit. The IRS is scrutinizing companies much more closely for this misclassification now. Here is a link to the IRS website regarding subcontractor vs employee.
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-(Self-Employed)-or-Employee%3FIf you owe back taxes, this may be a way to help catch those up. Although you may not get a refund, it will assist in reducing your back tax owed and possibly make it so you don't increase your tax debt for 2012.Let me know if you need further clarification. I look forward to your response. Stephanie