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I'm going through this same nightmare right now with a contractor who did electrical work for my small business last year - paid him $8,200 and now he's completely MIA when I need his W9. Reading through all these responses has been incredibly helpful, especially the advice about documenting everything and filing with "Unknown" in the TIN field. One thing I'm curious about - has anyone here actually been audited or had the IRS follow up after filing a 1099-NEC with incomplete contractor information? I'm doing everything right (documenting attempts, filing the form, etc.) but I'm still nervous about potential consequences down the road. The peace of mind would be worth knowing if anyone has real experience with how the IRS actually handles these situations in practice. Also want to echo what others have said about requiring W9s upfront - definitely implementing that policy going forward. Wish I had learned this lesson before getting stuck in this mess!

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Yara Nassar

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I haven't been audited for this specific situation, but I can share what happened when the IRS did follow up on a 1099-NEC I filed with incomplete contractor info about three years ago. They sent me a letter asking for documentation of my attempts to obtain the contractor's information. I provided copies of my emails, text screenshots, and the certified letter I had sent - basically everything I had done to try to get their W9. The IRS accepted my documentation and that was the end of it. No penalties, no further questions. The key really is keeping thorough records of your good faith efforts. From what I understand, they're much more concerned with businesses that don't file 1099s at all than those who file with incomplete information while demonstrating they tried to comply properly. Your situation sounds very similar to mine - you're doing all the right things by documenting everything and planning to file with "Unknown" in the TIN field. Keep those records organized and easily accessible, and you should be fine. The stress is definitely worse than the actual consequences in most cases!

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Jade Santiago

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I've been following this thread as someone who's dealt with similar contractor issues, and I wanted to add a few practical tips that helped me through this process last year. First, when you send that final certified letter requesting the W9, include a specific deadline (like "Please provide this information within 15 business days") and mention that you'll need to proceed with backup withholding procedures if you don't receive it. This shows the IRS you gave them reasonable notice and a clear timeframe. Second, if you're filing the 1099-NEC with "Unknown" in the TIN field, make sure you also file Copy A with the IRS by the January 31st deadline. Even though the information is incomplete, missing that filing deadline would create bigger problems than the missing TIN. Lastly, consider consulting with a tax professional for this year's filing, even if it's just a one-time consultation. The cost is usually minimal compared to potential penalties, and they can review your documentation to make sure you've covered all the compliance requirements. Plus, having their professional opinion in your records adds another layer of protection if questions come up later. You're clearly trying to do the right thing here, which the IRS does recognize and take into account. Don't let this contractor's lack of cooperation prevent you from filing properly!

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Ella Harper

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NY state is definitely backed up this year - I'm seeing similar delays across the board. The "processed" status usually means they've finished reviewing your return and approved the refund, but the actual payment can still take a few more weeks. Since you have direct deposit, you should hopefully see it within the next 2-3 weeks. If it goes beyond 4 weeks from the processed date, I'd recommend calling their refund hotline to check for any issues.

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NebulaNova

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Thanks for the info! That's really helpful to know. I'll give it another week or two before I start panicking. The direct deposit should definitely help speed things up compared to waiting for a paper check.

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Emma Davis

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NY state refunds have been particularly slow this year unfortunately. I filed early February and just got mine last week after showing "processed" for about 3 weeks. The good news is once it shows processed, you're definitely getting it - it's just a matter of when. I'd expect yours within the next 2-3 weeks max since you have direct deposit. Hang in there!

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Hassan Khoury

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That's reassuring to hear! Three weeks from processed to deposit isn't too bad considering all the delays this year. Did you get any notification when it was actually deposited or did it just show up in your account? I keep obsessively checking my bank account lol

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Omar Zaki

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@Hassan Khoury It just showed up in my account one morning - no notification from the state at all! I was checking obsessively too so I totally get it. The anticipation is the worst part. But once you see that processed "status," you re'basically in the home stretch.

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Darren Brooks

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Michigan has a flat state income tax rate of 4.25%, so you'll want to set aside an additional $1,530 (4.25% of $36,000) on top of whatever you're saving for federal taxes. So if you're setting aside 25-30% for federal, you're looking at roughly 29-34% total when you include state taxes. The good news is Michigan's tax is pretty straightforward - it's just a flat rate on all income, so no complicated bracket calculations like with federal. But definitely don't forget about it! I've seen people get caught off guard by state taxes on large one-time payments because they only planned for federal. You might also want to check if Michigan requires estimated tax payments for large income increases. I'm not 100% sure on their specific rules, but it's worth looking into to avoid any penalties.

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Zara Rashid

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This is super helpful, thanks for breaking down the Michigan specifics! So if I'm doing the math right, I should probably set aside around $11,000-$12,000 total to be safe (30% federal + 4.25% state). That's a pretty significant chunk but better than being caught off guard at tax time. Do you know if there's a threshold where Michigan requires estimated payments? Like if you're going to owe over a certain amount, do you have to make quarterly payments to avoid penalties? I'd rather pay it now than deal with penalty fees later.

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Malik Davis

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Yes, Michigan does require estimated tax payments if you expect to owe $500 or more in state taxes for the year. Since you're looking at owing around $1,530 just on the settlement alone, you'll definitely want to make an estimated payment to avoid the underpayment penalty. Michigan's estimated tax payment deadlines follow the same schedule as federal - so if you receive your settlement soon, you could make a payment by January 15th for the fourth quarter, or wait until April 15th when you file your return (but you'd risk penalty fees for the delay). You can make the estimated payment online through Michigan's e-file system or mail in Form 1040ES with a check. The online system is pretty user-friendly and you'll get immediate confirmation. Given that your settlement is from a business dispute and will be added to your 2024 income, I'd definitely recommend making both federal and state estimated payments as soon as you receive the money.

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Alice Coleman

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Just wanted to add another perspective here - I work as a tax preparer and see this situation all the time. The key thing to remember is that settlement income is typically taxed as ordinary income, not capital gains, so you'll pay your regular tax rates on it. One strategy I often recommend to clients is to not just set aside the tax money, but actually put it in a separate high-yield savings account immediately when you receive the settlement. That way you're earning a little interest on the money while you wait to pay the taxes, and you're not tempted to spend it on something else. Also, since this is a contract dispute settlement, make sure you get proper documentation (1099-MISC) from whoever is paying you. Sometimes there are delays in getting the tax forms, and you want to make sure you report the income correctly even if the 1099 is late. Keep all your settlement paperwork - it'll make tax filing much smoother. The 25-30% federal plus 4.25% state advice others have given is solid. Better to overestimate and get a refund than to be scrambling to find money you don't have come April!

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Jamal Brown

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This is really great advice, especially about putting the tax money in a separate high-yield savings account! I hadn't thought about earning interest on it while waiting to pay. Do you have any recommendations for which banks or accounts work best for this kind of short-term savings? Also, you mentioned getting a 1099-MISC - should I be proactive about asking for this from the other party, or do they automatically send it? I want to make sure I don't miss any deadlines because of paperwork delays. This whole thread has been incredibly helpful for understanding what I'm getting into!

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Sofia Perez

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For high-yield savings accounts, I'd recommend looking at online banks like Marcus by Goldman Sachs, Ally Bank, or Capital One 360 - they typically offer rates around 4-5% APY right now, which is much better than traditional banks. Since you'll likely need the money within a year for taxes, you want something liquid without penalties. Regarding the 1099-MISC, whoever is paying the settlement is required to send you one by January 31st if the amount is $600 or more (which yours definitely is). However, I'd strongly recommend being proactive and asking them about it now. Sometimes there are delays or the form gets lost in the mail, and you don't want to be scrambling in March when you're trying to file your taxes. You should also ask them to confirm your correct Social Security number and mailing address to avoid any issues. Even if the 1099 is late or never arrives, you're still legally required to report the income, so keeping good records of the settlement agreement and payment is crucial. The IRS gets a copy of the 1099 too, so they'll know about the income even if your paperwork gets mixed up!

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Can my employer make unreimbursed business travel expenses taxable income when submission delays were due to company policy? (IRS 60-day rule)

I'm a corporate compliance auditor who travels about twice a month for client visits. This has created a major tax headache for many of us at the company. The issue: Our company requires us to get pre-approval from the travel department before we can submit our travel expense reports in the company system (Expensify). Due to staffing issues in the travel department, many of our reports aren't being approved for submission until well past 60 days after the travel occurred. I recently learned about an IRS rule stating that business expense reimbursements submitted after 60 days are considered taxable income. So for example, if I had a $2,500 trip and couldn't submit until after 60 days due to our company's process, I'm being taxed as if I earned an extra $2,500 in income. That means about $550 taken out of my paycheck for expenses that weren't actually income! This has affected over 20 people on my team. Some colleagues have had as much as $18,000 in expenses reclassified as taxable income, resulting in around $4,000 in additional taxes withheld from their paychecks. When we raised this with management, their only solution was to "wait until next tax season and file for a refund for overpayment." I consulted with a tax professional who confirmed this is incorrect advice - the IRS considers these late reimbursements as properly taxed income, not an overpayment. My tax advisor explained the proper solution is for the company to reimburse us for the tax impact (essentially a tax gross-up) and report it as a business loss. Management hasn't responded to our follow-up complaints other than saying "this is all we can do, just don't submit expense reports late" - even though their own processes make it impossible to submit on time. I have documented evidence (emails, process documents) showing that the company's own policies and delays caused these submissions to be late. Is this a form of wage theft? Do we have any legal recourse if management continues to ignore the issue? Many team members are considering quitting over this. If legal action is appropriate, what agencies or resources should we contact?

I'm confused about something - my understanding is that your employer can set whatever reimbursement policies they want, even terrible ones? Is this really a legal issue or just a bad company policy?

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Emma Garcia

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There's an important distinction here. Companies can set their own reimbursement policies, but they can't implement policies that effectively push their business expenses onto employees' tax bills. When an employee travels for business, those are company expenses, not personal ones. If the company's policies make it impossible to submit within the IRS's 60-day window, and then the company refuses to gross-up the tax impact, they're essentially making employees pay part of the company's business expenses through increased personal taxes. Many states have laws requiring employers to reimburse necessary business expenses. California Labor Code Section 2802, for example, specifically requires employers to indemnify employees for all necessary expenditures incurred in the course of employment.

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Zara Ahmed

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@Emma Garcia is absolutely right about the legal distinction. What makes this particularly problematic is that the company is creating a situation where employees are financially penalized for following company policy. Think of it this way - if your employer required you to use your personal credit card for business expenses but then refused to reimburse you for the interest charges that accrued due to their slow approval process, that would clearly be shifting business costs to employees. This is essentially the same thing, just with tax consequences instead of interest. The Department of Labor has ruled in similar cases that when company policies directly cause employees to incur additional costs whether (interest, fees, or in this case taxes ,)the employer has a duty to make the employee whole. The fact that management s'only solution is don "t'be late when" their own process makes it impossible to be on time shows they understand the problem but are choosing to ignore their responsibility. @NeonNova, I d'definitely recommend following @Maya Patel s suggestion'about filing with your state DOL. The documentation you have showing the policy and approval delays should make this a pretty clear-cut case.

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Zara Perez

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This is a clear case of the company shifting their business expenses to employees through poor policy design. I've seen this exact scenario play out at multiple organizations, and it's definitely not something employees should have to absorb. The 60-day IRS rule exists specifically to prevent abuse of accountable plans, but it assumes employees have reasonable control over submission timing. When company policies make compliance impossible, the employer bears responsibility for the tax consequences. A few additional points that might help your case: 1. **Documentation is key** - Keep records showing when you completed your expense reports vs. when you were finally allowed to submit them. Email trails showing approval delays are especially valuable. 2. **Collective action works** - Companies often ignore individual complaints but take notice when multiple employees raise the same issue together. 3. **Know your state laws** - Many states have stronger employee protection laws than federal requirements. Some states explicitly require employers to reimburse ALL costs associated with business expenses, including tax implications. 4. **Consider the broader pattern** - If this is happening regularly, it suggests the company knows their process is broken but chooses not to fix it because employees absorb the cost. The "wait until tax season" advice from management is particularly problematic because it shows they don't understand (or are pretending not to understand) that these are now legitimate tax obligations, not overpayments to be refunded. Your tax advisor's recommendation for a gross-up is the standard industry solution. Any competent corporate tax department should know this.

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Ruby Blake

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This is incredibly helpful context, thank you! I'm documenting everything as suggested. One thing I'm curious about - when you mention "standard industry solution" for the gross-up, is there a specific way companies typically calculate this? Our finance department keeps claiming they "don't know how" to do a proper gross-up calculation, but I suspect they're just hoping we'll give up. If there's an industry standard approach, it might help us push back more effectively when they claim it's too complicated to figure out. Also, has anyone had success getting retroactive gross-ups for expenses that were already processed incorrectly months ago? We have people who were hit with this tax impact as far back as last year.

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Paolo Ricci

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Gotta disagree w/ previous commenter! Time = money w/ tax issues. Sure, u can DIY everything if u have endless hrs to research tax codes & decipher transcript jargon. But w/ ur Apr 30 deadline looming, u need answers NOW. I spent 3 wks trying to figure out my transcript b4 giving up & using help. Solved in 10 mins what I couldn't in 3 wks. Sometimes paying a little saves a lot. Esp w/ divorce docs on the line!

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Zoe Walker

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I work at a local IRS office and can provide some clarity on the walk-in situation. Since 2021, all TACs operate under strict appointment-only protocols - no exceptions for walk-ins. However, your divorce settlement deadline might qualify as an "extreme hardship" case. When you call back, specifically mention these keywords: "extreme financial hardship due to court-ordered deadline" and ask to speak with a manager. Also, try calling first thing Monday morning at 7am local time - that's when they release any cancelled appointment slots. If all else fails, you can file Form 911 (Request for Taxpayer Advocate Service) which can sometimes expedite urgent cases within 30 days. Don't give up - the right person just needs to understand your situation!

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