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  #1  
Old 04-05-2005, 09:04 AM
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Location: New York - NYC/Long Island
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Please!I need help with 1099 Laws, etc...


What is the name of your state? NEW YORK - NYC/Long Island

I recently graduated (in May) from college. Since then, I worked for 2 different companies, at separate times. They both called me an architectural "consultant" and filed 1099's on me. I recieved one 1099 form in January, but I just recieved the second one yesterday! (It had my address wrong by one number, but I think I should have gotten it a little sooner!). In total, I made about $8000 between both jobs. I had no other jobs last year that require me to pay/file taxes.

I thought this was normal, for the companies to pay me as a "consultant". However, after some research, I have found that I should have actually been considered an "employee", and they should have been paying my taxes!

I have no idea how to file 1099-Misc forms and I can't find any information online about this either. I have no money to hire a lawyer/accountant/anyone with advise, due to the fact that I have just graduated and just started a new job. I (think) that legally, my employers should be paying these taxes, and I don't want to get stuck paying over $1000 (or even a few hundred) in due taxes if I don't have to!

I know that if I do pay for them myself, I can take off deductions, for expenses while working, etc.. I was a college student, and paid tuition, but my parents claimed me on THEIR taxes, so I can't use that to my advantage now. Or can I? I have no idea what to do, and am desparately seaching for someone that can help?

Any help that anyone can give me, would be GREATLY appreciated!!! Thanks so much!
  #2  
Old 04-05-2005, 11:28 AM
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Join Date: Mar 2005
Location: Maryland
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you'll need to prep a schedule C. go to [url]www.irs.gov[/url] & do a search for schedule C for the instructions & then publication 535 for business expenses.

good luck
  #3  
Old 04-05-2005, 07:04 PM
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Alternatively, take it to your nearest H&R Block. It will cost you approximately $100 for a Federal return with Schedule C.

Then you can file form SS-8, to ask the IRS to make a determination as to whether you were an independent contractor or an employee.

If you win that argument, you can amend your return and get the money back that you paid for your Social Security.

Also might pay to find out if it is industry practice to treat people in your profession as independent contractors. Do this BEFORE getting the IRS going on form SS-8.

Snipes
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This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
  #4  
Old 04-08-2005, 10:47 AM
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Question

Thanks for the advice. I contacted a few H&R block's, they told me it was $100+ to do a W-2 form, plus an additional $100, for the 1099 MISC forms... I just can afford this, being a student and everything. I know I am going to owe hundreds of dollars in taxes to begin with...

I would like to do it myself, like I have in the past. In the pase however, I only had W-2's. Can someone guide me to where I can download the 1099-MISC forms online? Or where I can get copies of them? [url]www.irs.gov[/url] only has samples. All I can find online are the SS-8 forms, which I am not sure if I should even bother filling out???
  #5  
Old 04-08-2005, 11:06 AM
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Join Date: Mar 2005
Location: Maryland
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shannon,

you do not have to complete a 1099, you received 1099's as an independent contractor (rather then an employee) and those are what you use to complete your ind tax return (fed form 1040).

your local library should have the forms you need (at least they seem to have them here in MD). you'll need form 1040, schedule C, schedule SE at a minimum. maybe others will chime in if i've overlooked some other obvious ones.

i also thought you could get these forms on-line thru the irs. anyway, after you complete the feds, to the state forms.

tim
  #6  
Old 04-08-2005, 05:15 PM
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Posts: 41,368
Quote:
Originally Posted by tdavidl
shannon,

you do not have to complete a 1099, you received 1099's as an independent contractor (rather then an employee) and those are what you use to complete your ind tax return (fed form 1040).

your local library should have the forms you need (at least they seem to have them here in MD). you'll need form 1040, schedule C, schedule SE at a minimum. maybe others will chime in if i've overlooked some other obvious ones.

i also thought you could get these forms on-line thru the irs. anyway, after you complete the feds, to the state forms.

tim
She can download everything she needs at irs.gov

You are correct, she needs the schedule C and the Schedule SE as well as the instructions.
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