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What do I do when an employer doesn't supply 1099?

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Junior Member
What is the name of your state? NJ

I worked for a doctor out of her home as a nurse for about 6 months. She told me up front that I was going to be paid as a "contractor" and that taxes would not be taken out of my pay and that I would get a 1099 at the end of the year. Well, things went south at her business and she had to close down due to multiple violations... and I hear through other former employees that she is bankrupt now and is NOT going to be issuing any 1099 misc income sheets to any of the employees.

Where does this leave me?

I didn't keep all the paystubs (didn't think it was necessary)... but I estimate that I made $8700 in that 6 months of working for her.

Do I just put it down as income on my taxes? I need to be able to substract all my expsenses from this income - which I would do if I get a 1099... I'd be substracting all my mileage and uniforms and stuff...

What should I do?


Senior Member
You can file a schedule C & claim expenses, then pay 15% employment taxes and any income taxes due.

If you were an employee & not an independent contractor (highly likely), you can report the gross income on line 7 as wages & file form 4137 Social Security Taxes on Tip, cross out "Tips" & wrote in "Wages". This will result in you paying 1/2 the employment taxes, but you can't write off expenses. This is probably a better option for you, but consult a tax pro if you decide to go this route. The IRS will go after her for failing to pay her share of your employment taxes. (That debt is not discharged in BK. Plus I doubt she even listed it.)


Junior Member
Well... I have about $2000 in deductible mileage and clothes - this lady sent me to nursing homes every day - I put about 60 miles a day on my car running from her home to nursing homes.

I have another question - what if she DOES submit a 1099... but says she paid me like $20K - like - way over what she actually paid me... what is my recourse then?

I'm just trying to figure out all the angles to this.


Senior Member
You can attach a statement saying that the 1099-misc is wrong & stating how much you actually earned.

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