1099 MISC

[helow]

A driver received a 1099-Misc from his employer. But TP is claiming he was an emoployee. He is no longer with this employer and says schC should not be part of his return. He has no expenses and as a result has a tax liability. What can I do?

Thanks

Helow

[joanmcq]

8819? and SS-8

[helow]

Waaw, do I have to fill out all these questions? :scratch_head:

[helow]

Can this be considered as other income?

[JohnH]

Waaw, do I have to fill out all these questions?

Only if you want the form to be accepted.

[LindaB]

Can this be considered as other income?

No, you cannot put it on line 21.

[Julie]

Ask to see his pay stubs. On the drivers I've seen, a great deal of the pay was withheld for expenses (but included on the 1099). Expenses like fuel and rent for the company-owned truck. Yes, this is illegal on the part of the employer. If you're in California, the state would like to know about this, too.

But yes, use the new form (is that the 8819?) to get an opinion from IRS regarding his former employment status.

A driver received a 1099-Misc from his employer. But TP is claiming he was an emoployee. He is no longer with this employer and says schC should not be part of his return. He has no expenses and as a result has a tax liability. What can I do?

Thanks

Helow

[SunTaxMan]

"Ask to see his pay stubs." ??

He may not have 'pay stubs' as such. But he may have 'settlement sheets' or some similarly-named reporting to him of income and expenses, and perhaps this is limited to one for every trip, rather than a "settlement sheet" for each pay period.

Some paperwork gets very complicated.

How you handle any expenses found is another matter. If it should have been W-2, then "expenses" are limited to 2106, but the expenses need to be examined.