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I worked at an office as a free hygienist for 6 months of…

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I worked at an...

I worked at an office as a free lance hygienist for 6 months of the year and received a 1099. the other 6 months I was employed by that same office and received a w2. For the 6 months I was working free lance and recieved the 1099...can I deduct mileage?

Submitted: 1 month ago.Category: Tax
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1/6/2018
Tax Professional: Barbara, Enrolled Agent replied 1 month ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,825
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

Mileage going from home to the office to work? If so, those are commuting miles, and they are not deductible.

I wish I had better news for you.

Thank you and best regards,

Barb

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Customer reply replied 1 month ago
I work 10 hour days at an office that is over 100 miles one way from my home address. Does that make any difference?
Tax Professional: Barbara, Enrolled Agent replied 1 month ago

Unfortunately, no.

If you were working at DIFFERENT offices, the mileage between those offices would be deductible, but going from home to one office is not deductible.

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Customer reply replied 1 month ago
Is there any significant deductions that a 1099 allows in comparison to a w2?
Tax Professional: Barbara, Enrolled Agent replied 1 month ago

Any work related expenses can be deducted on both--uniforms, supplies, etc.

Those expenses can be deducted from 1099 income as opposed to having to itemize those same expenses (and being subject to the 2% threshold) when you receive a W-2

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Tax Professional: Barbara, Enrolled Agent replied 1 month ago

Did you pay for health insurance? That is also a self-employed deduction.

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Customer reply replied 1 month ago
Was it incorrect for the office to keep me as a 1099 employee for a 6 month period>
Tax Professional: Barbara, Enrolled Agent replied 1 month ago

Yes, if they told you when to work, how to work, etc. It seems like they should have made you a W-2 employee immediately rather than 6 months as a 1099.

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Customer reply replied 1 month ago
If I am audited by the IRS does that obligation of taxes fall on me or the employer then?
Tax Professional: Barbara, Enrolled Agent replied 1 month ago

For the 1099 income, you're not only going to have to pay income tax, but also self employment tax (Social Security and Medicare).

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Tax Professional: Barbara, Enrolled Agent replied 1 month ago

The obligation of taxes always is on the taxpayer, BUT you could report the employer for keeping you as a 1099 rather than W-2.

The IRS has strict guidelines regarding 1099 vs. W-2.

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Customer reply replied 1 month ago
What about the form ss-8. does that change anything?
Tax Professional: Barbara, Enrolled Agent replied 1 month ago

workers file this Form SS-8 to request a determination of the status of a worker for purposes of federal employment taxes and income tax withholding by the IRS.

That may cause some problems at your job.

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