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received 1099-misc but not really self-employed

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totallyinfected

Junior Member
What is the name of your state? PA

In 2007, I only worked one two-week short-term job at an office. I don't owe tax but the company issued me a 1099 rather than a W2. After looking at the classifications for self-employment, I realized, I didn't meet any of them. I worked in their office, with their equipment, on their schedule, doing tasks assigned by them. the only thing out of the ordinary was the fact that it was understood to be short-term.

But in going the 1099-misc route, they have pushed the entire medicare/ss tax burden onto me. Am I just stuck with this situation?

I can't really make any noise about it since it would jeopardize future employment and I have a relative employed there as well. But it seems to me they misclassified me.

Also, if I have only a 1099 with no deductions from the employer, is there any way I can just pay my employee med/ss tax rate (7.65%) and do I have to really fill out forms 1040 + schedule C + schedule se for my measly $1,800 income?

edit: single - no dependents - no risk of loss - very little other income (interest) - not a dependent.

Thanks,

I know - last minute, but I thought I was just going to shoot off a 1040-ez in 5 minutes. but noooo.
 
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TechvisitorDD

Junior Member
Unfortunately so

Unfortunately yur right on the money.

The company signed you up as 1099 which means you must pay those taxes on your own. This should've been explaned to you when you started.
Unfortunately that the nature of a 1099.. you pay the med and soc sec (typically i think this falls under self employment tax to cover it all.. i used a boxed software to help me)

Fill out the schedule C and include deductions for whatever actual costs you might have had to spend on the vehicle you drove during the time you worked for the office.

You can deduct up to %50 of meals and other things.. I work 1099 and deduct all expenses of mine for the period I worked 1099 since the company doesn't cover those and it's out of my pocket expense. It may bring down the amount you owe for soc sec and med taxes.
 

justalayman

Senior Member
actually, IF you want to be classified correctly there are 2 forms you need to fill out. 8919 and an SS-8

http://www.irs.gov/pub/irs-pdf/f8919.pdf

http://www.irs.gov/pub/irs-pdf/fss8.pdf

The company does not have the choice of classifying you as an IC or and employee and this 8919 (I believe is very recent) is intended to contest the fact of misclassifying an employee.

the problem with you doing it is they will contact the employer and investigate to make the determination. Since you do not want to make waves, you are stuck with the schedule C.

It's up to you.
 

totallyinfected

Junior Member
Thanks for the input

Thanks for the replies, folks. I figured I was essentially up $%*^ creek. You'd think IRS would have gotten it together on this type of thing. Who's going to risk outing their employer when it might mean they'll lose that employment in the future? but it's past now, so I'll just have to figure something new out for next year.

thanks again for pointing out those forms though, looking through the site, it seems they come up fairly often.
 

LdiJ

Senior Member
Thanks for the replies, folks. I figured I was essentially up $%*^ creek. You'd think IRS would have gotten it together on this type of thing. Who's going to risk outing their employer when it might mean they'll lose that employment in the future? but it's past now, so I'll just have to figure something new out for next year.

thanks again for pointing out those forms though, looking through the site, it seems they come up fairly often.
That's why employers get away with it so often. If people would refuse to work for employers that do that, and would fill out the darned 8919s and SS8s employers wouldn't get away with it.
 

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