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Default Asked to Fill Out 1099 2 Months After Quiting

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snick28

Junior Member
What is the name of your state (only U.S. law)? AZ

Hi and thanks!

I worked as a bike courier for about 4 months this summer/fall. Never filled out any paperwork. All cash under the table. Now 2 months after quiting I'm being asked for my SSN for 1099 purposes. I'm hesitatn to give this out since they were quite opposed to my leaving for a new job, and I haven't heard from them since.

Can they legally ask me to do paperwork they should have had me complete months ago before I started the job? I started in July 2017 and quite in November 2017.

Thanks!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? AZ

Hi and thanks!

I worked as a bike courier for about 4 months this summer/fall. Never filled out any paperwork. All cash under the table. Now 2 months after quiting I'm being asked for my SSN for 1099 purposes. I'm hesitatn to give this out since they were quite opposed to my leaving for a new job, and I haven't heard from them since.

Can they legally ask me to do paperwork they should have had me complete months ago before I started the job? I started in July 2017 and quite in November 2017.

Thanks!
Do you have any record of how much you were actually paid? You have an obligation to report that income on your tax return whether you were paid in cash or not.

I too would be nervous about giving out my SSN to someone who initially was not interested in having it, and is now angry at me and wants it. However, I would want to know how much you actually made before commenting further.
 

eerelations

Senior Member
Are you in contact with any of the other bike couriers you worked with? Can you find out if they are/have been required to complete 1099s? If they have, then it's entirely possible your former boss simply forgot to get you to complete one while you worked there, and is now just backtracking to get his paperwork done properly. If that's the case, that would mitigate your fear that he's only doing this out of spite.
 

Taxing Matters

Overtaxed Member
I too would be nervous about giving out my SSN to someone who initially was not interested in having it, and is now angry at me and wants it. However, I would want to know how much you actually made before commenting further.
There are at least several explanations for why the employer did not get the W-9 information when the OP started, and we have no information to know which of those it is. It may not be the case at all that the employer was “not interested in having it.” It could be as simple as this being the first year the firm hired independent contractors and didn’t know of the 1099 requirement, and now after meeting with his/her tax preparer has found out about it and is now scrambling to fix that problem.
 

HRZ

Senior Member
When in doubt , OP is an employee and a W - 2 is required . WHat fact pattern exists to support that OP was a bona ride IC ?

OP you owe taxes inc SS on income ..that's a given!
 

FlyingRon

Senior Member
Either that or he pays people so low that he rarely exceeds the filing threshold.

Anyhow, if the request was made before the end of the year, the payee is obliged to report it (there's a trivial fine for failing to do so if the IRS ever gets around to it).
 

eerelations

Senior Member
There are at least several explanations for why the employer did not get the W-9 information when the OP started, and we have no information to know which of those it is. It may not be the case at all that the employer was “not interested in having it.” It could be as simple as this being the first year the firm hired independent contractors and didn’t know of the 1099 requirement, and now after meeting with his/her tax preparer has found out about it and is now scrambling to fix that problem.
Exactly what I was implying.
 

eerelations

Senior Member
When in doubt , OP is an employee and a W - 2 is required . WHat fact pattern exists to support that OP was a bona ride IC ?
Not necessarily. And there are many bike couriers out there whose work meets the legal definition of IC. We have no "fact pattern" that indicates OP was not a bona fide IC. No need to muddy the waters here.
 

HRZ

Senior Member
I'm view that the status is an employee absent a fact pattern to the contrary...and we have no facts .
 

snick28

Junior Member
Response for original poster

Hi all thanks for your helpful input so far. I'll attempt to respond to your questions.

- I had personal record of what I was paid but I think it left with my old phone. It was a couple 100s cash / wk. It is probably in the program we used to make the deliviers, which they have access to, I do not.
- I may ask another employee, because I do feel as though its possible I'm being singled out based on descrimiation during my transition away from this work
- Definitely possible they were/are too unorganized to ask me to fill out initially. Feels a little like not my problem at this point?
- Should it be a W2? Being I signed nothing, ever, and now they are taking a route that is better for their bottom line?
- I do know many legit bike couriers are IC, those who work for larger companies. I worked for a very small, 4-5 person local group.

Additionally:
- I had a verbal agreement that if I didn't deliver more than $600 (or local legal limit) worth of food to one customer, I'd be excempt from needing to fill out a 1099 from the very begining, and throught the job, with 'management'

Thank you again for your helpful responses.
 

snick28

Junior Member
WHo paid you....management or the delivery recipient/ customer ?

Who set the pay rate ?
I was paid by both, kind of. Weekly my boss would pay me cash for the credit card work I did, given I didn't have the actual money yet. I was also paid by the customer, if they paid in cash, or as a cash tip, I would keep this money in pocket. For example, if I did a $25 cash order, I'd keep it all in pocket, and the difference would be figured out vs the amount of credit card orders I did.
I was also paid a flat $4 / delivery. On the same ticket as food, so paid this either in cash or credit, and later cash from boss.

The pay rate was set by the delivery company, the $4/ order + any additional cash tip.

Thanks!
 

cbg

I'm a Northern Girl
I am at a loss to understand why you feel that someone who pays you to work for them, regardless of whether you are an employee or an IC, is not entitled to have your SSN. Whether they ask you initially or after the fact, you still have to pay tax on the money. Why is this such a big deal?

You have posted absolutely nothing to suggest any kind of illegal discrimination.
 

HRZ

Senior Member
I fully agree the employer is entitled to a SSN


It sure does not read as if the OP was a true IC ....

If many a bg City the workmens comp fees are killers , sometimes $30-40 -50 per $100 of pay. Not quite as bad as some tree climbing rates, but bad enough to encourage end runs .

BTW as a practical matter it may sufficient to merely give the "employer" your SSN on a blank piece of paper ...I don't think there is a good reason to fill out his 1099 form ..

BTW you owe taxes...even if paid " cash"
 

snick28

Junior Member
BTW as a practical matter it may sufficient to merely give the "employer" your SSN on a blank piece of paper ...I don't think there is a good reason to fill out his 1099 form .."
Got it, so this would legally suffice? They actually sent me a W9 just now. I'd be curious as to your thoughts there. Thank you.
 

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