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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I worked for a company for 5 years who intentionally misclassified

Customer Question

I worked for a company for 5 years who intentionally misclassified employees as contractors. The IRS already went after them to cover the differences in cost. Am I eligible to request a refund from the IRS for the extra taxes I paid? If so how would one go about it?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

To clarify, you reported income as an independent contractor (rather than an employee) for five years due to your employer's misclassification?

How long ago was this?
Customer: replied 4 years ago.

From 2006-2011, i'm currently also going after the company for back pay. The more I delve into the stupidity of this company the more I question the payments I had to make.

Expert:  Joseph replied 4 years ago.
Hello Matt,

Actually, as an independent contractor, you pay LESS in taxes than you would have as an employee, since you don't have social security and medicare withheld from your check as an independent contractor. So, if you want to hold onto your money, I would suggest that you leave the tax issue alone, because you would wind up owing the IRS a potentially considerable sum for employment taxes, namely social security and medicare, which you do not have to pay as an independent contractor.

The IRS does allow for you to pay on social security and medicare if you choose to do so after being misclassified (you'd eventually get more in social security, but it's probably not worth it), but, again, you are going to be paying them money, not receiving any refund because independent contractors pay LESS in taxes than employees.
Expert:  Joseph replied 4 years ago.
Hello Matt,

Please let me know if you have any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work, as I receive nothing for my services unless you do!

Thanks and best of luck!