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If your employer won't provide the 1099, you should also consider filing Form SS-8 with the IRS. It sounds like you might have been misclassified as an independent contractor when you should have been an employee. Delivery drivers often get misclassified. Real employees should get W-2s, not 1099s, and the employer pays half of your Social Security and Medicare taxes. If you were misclassified, you're overpaying on self-employment taxes and missing out on protections. Filing the SS-8 asks the IRS to determine your correct worker status. It takes a while for them to process, but it could save you a lot in taxes if they determine you should have been an employee.
That's really interesting - I didn't realize I could challenge my classification. The owner did control my schedule completely and I used his truck, not my own vehicle. Does filing the SS-8 cause problems with filing my current return, or can I still go ahead and file using the income as self-employment while the SS-8 is being processed?
You can absolutely file your current return while the SS-8 is being processed. In fact, you can file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with your return if you believe you were misclassified. Use code G in column C which indicates you filed Form SS-8 but haven't received a determination. This approach allows you to only pay the employee portion of Social Security and Medicare taxes (7.65%) instead of the full self-employment tax rate (15.3%). If the IRS later determines you were correctly classified as an independent contractor, you may need to pay the difference, but if they determine you were misclassified, you've already filed correctly.
Did you have any kind of written contract with this guy? I once had an employer ghost me on tax forms and having our contract was super helpful when I had to prove my income to the IRS.
Don't forget about the state extension too! In many states, the federal extension automatically extends your state filing deadline too, but some states require a separate extension form. Google "[your state] tax extension" to make sure you're covering both bases.
California automatically grants you the same extension as federal (6 months) without requiring a separate form - but ONLY if you don't owe additional tax. If you do owe CA tax, you need to file Form FTB 3519 and make a payment by the original due date to avoid penalties. New York also gives an automatic extension matching the federal timeframe. Texas doesn't have state income tax so no worries there. Most states follow federal extensions but there are definitely exceptions, so always double-check your specific state's requirements.
I know most people are saying use the IRS Free File for extensions, but honestly just go through TaxAct or TaxSlayer. They let you file extensions completely free without income restrictions and their interface is wayyy more user friendly than the IRS direct option.
One thing nobody mentioned yet - you should keep track of what you THINK each client will be reporting on the 1099 based on what you were paid. I've had several clients make mistakes on 1099s (reporting too much or too little), and it's much easier to catch and fix before you file your taxes. Just a simple spreadsheet with client name, amount paid, and whether you received a 1099 can save you major headaches.
Do you have a template for this spreadsheet you could share? I'm doing freelance work for the first time this year and I'm trying to get organized before tax season.
I don't have a template to share but it's pretty simple to create. I just use columns for: Client Name, Project Description, Date Paid, Amount, Payment Method, W-9 Submitted (Y/N), 1099 Expected (Y/N), and 1099 Received (Y/N). I also have a separate tab for business expenses with columns for: Date, Vendor, Description, Amount, Payment Method, and Category (like "Software," "Equipment," etc). Nothing fancy but it keeps everything organized when it's time to do taxes.
Anyone else getting anxiety from this thread?? I've been doing small freelance jobs for years and never filled out a W-9 or reported any of it. Mostly small stuff under $500 per client. Am I screwed???
3 What state do you live in? Some states have much stricter penalties for late filing than the federal government. I got hit with a $100 minimum penalty in California even though I was only late by a month and owed less than $200 in state taxes.
9 Don't panic! I filed 3 years of back taxes last summer and it was way less scary than I thought. For your W2s, you can get wage and income transcripts directly from the IRS website by creating an account at irs.gov/transcripts - it's free and shows everything that was reported to the IRS under your SSN. You can still use regular tax software for prior years (they usually sell previous year versions), but you'll have to mail in the return rather than e-file. Just be super clear that it's for tax year 2022 on all the forms. I highly recommend getting it done ASAP though - if you're owed a refund, there's no penalty, but if you end up owing anything, the penalties and interest continue to grow.
CosmicCrusader
Quick warning: if your employer paid you as a 1099 contractor instead of a W-2 employee (which some shady companies do), you might be waiting for a W-2 that was never created. Check your last paystub to see if they were withholding taxes. If not, you might need to look for a 1099-NEC instead of a W-2. This happened to my wife and she wasted weeks trying to get a W-2 before realizing they had misclassified her as an independent contractor.
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Natasha Petrova
ā¢Thanks for bringing this up! I checked my paystubs and they definitely show federal and state tax withholding, so I should be getting a W-2. They were taking out Social Security and Medicare too. I'm thinking maybe they just don't have my current address since I moved shortly after leaving? But still, they should've responded to my emails asking about it. So frustrating.
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CosmicCrusader
ā¢That's good you confirmed they were withholding taxes! In that case, they're definitely required to provide a W-2. The address issue could definitely be part of the problem - sometimes companies just mail them to the last address they have on file. You might want to check if your former employer used a third-party payroll service like ADP, Paychex, or Gusto. If they did, you might be able to create an account directly with that service and access your W-2 electronically. Many of my past employers used these services, and I could get my tax forms even years later by logging into those platforms.
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Chloe Robinson
Has anyone tried going to the physical location of their former employer? I had a similar situation last year and after all electronic communication failed, I just showed up at the office and refused to leave until someone helped me. Miraculously, they "found" my W-2 within 15 minutes.
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Diego Flores
ā¢This actually works surprisingly well! When my husband's former employer was ignoring his requests, he physically went to their HR office. Amazing how quickly they produced his W-2 when he was standing right in front of them. Sometimes the old-school direct approach is still the most effective.
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