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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15720
Experience:  15years with H & R Block. Divisional leader, Instructor
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A previous employee claims my business issued a 1099-misc and

Customer Question

A previous employee claims my business issued a 1099-misc and W2 for the same work in 2013 which he used to file his federal and state income taxes. My company never
issued a 1099-misc to him. He now refuses supply a copy to me. How do I attempt
to request a copy from the IRS?
Submitted: 2 years ago.
Category: Tax
Expert:  Robin D. replied 2 years ago.
Hello and thanks for trusting me to help you today. I am a tax adviser with over 20 years of experience.
You may have to start with the IRS Business Support. That department is for Businesses, Corporations, Partnerships and Trusts who need information and/or help regarding their Business Returns or Business (BMF) Accounts. Services cover Employer Identification Numbers (EINs), 94x returns, 1041, 1065, 1120S, Excise Returns, Estate and Gift Returns, as well as issues related to Federal tax deposits.
They my be able to retrieve the copy for you.
Most requests for copies of reporting are by individuals but they would have your transmittal of the 1096 and the 1099MISCs.
Business and Specialty Tax Line and EIN Assignment(###) ###-####
You may need to have your copy of the 1096 for that tax year on hand when you call.
Customer: replied 2 years ago.
Hello Robin - The ex employee has refused to supply a copy of the 1099-Misc and since my, CPA, myself and my Accountant did not file a 1096 I have no copy.
I would like to discuss this by phone - It is 7:10 AM PST as I write this and will be in my office in 2 hours.
I cell phone is(###) ###-####name Van
Customer: replied 2 years ago.
Date of previous message 05-18.2015
Expert:  Robin D. replied 2 years ago.
If your company issued no 1099MISC forms at all then you are correct, you would have no 1096 to look at.
Why this person would want to claim income in duplicate is not clear form any stand point. Many employees would like to claim expenses on Schedule C instead of Schedule A but the income is reported twice (or at least increased by the amount not used for expenses).
I cannot speak on phone today, due to time issues.
I suggest you do one of two things, report the issue to the IRS yourself or ignore it.
In reporting the issue you are protecting your company from any possible adverse action if the IRS checks on this them self. You will need to explain how you know the employee took that action. If you have already been contacted by the IRS then your CPA should be dealing with this on your behalf.
Your company would not be held liable as you can show your filings do not have a duplicate in expenses for this amount of payments.
Speak with your CPA and have them compose the written statement for you to the IRS.