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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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For 2009 and 2010, I was listed incorrectly by my employer

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For 2009 and 2010, I was listed incorrectly by my employer as a 1099 contractor. I filed an SS8 and the IRS 'ruled' in my favor that I was not a contractor, but a regular full time employee. I was never, at any time, a contractor.

My employer at the time listed me as a 1099 for his own benefit. He would pay me sporadically, without any stub showing tax deductions. I was really naive at the time, right out of college, and didn't think anything like this would happen.

Long story short- The IRS is now shaking me down for ~$10,000 for about $27,000 in income. I was told to refile my taxes as a W2 (full time), but I don't have that form! If I was a full time employee and had earned that amount of income, I would have gotten money back, not owed $10,000.

I can't afford to hire an attorney, but I also can't afford to pay the IRS this money, even in payments. I feel like I am getting completely screwed here.

What can I do to file as a W2 if I don't have the form?

Is there any way to make this right and avoid having to pay all of this money I don't feel like I am responsible for?



Hi and welcome to Just Answer!
As long as you filed SS8 from and the IRS ruled into your favor - you do not need an attorney - and perfectly may prepare your own tax returns.
Because you do not have W2 forms - you need to use substitute W2 form - - and attach this form to your tax returns.


The IRS has developed a new form for employees who have been misclassified as independent contractors by an employer. Form 8919, Uncollected Social Security and Medicare Tax on Wages, will now be used to figure and report the employee’s share of uncollected social security and Medicare taxes due on their compensation.
By filing this form - you will pay ONLY your portion of FICA taxes as an employee. And your employer will be responsible to pay their portion.


So I will still be responsible for the State and Federal Income tax?


Ok, I think I understand. So, I will have to pay my portion of the FICA and will still be responsible for any income tax owed based on my taxable income?


That is correct - you will be responsible for federal and state income taxes as well as for your employee portion of social security and Medicare taxes.
Your employer will be responsible for employer's portion of social security and Medicare taxes and for unemployment taxes (FUTA and SUTA).

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