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Miguel Hernández

Contractor won't give me my 1099-NEC - what are my options?

I'm in a tough spot with a former employer who's refusing to provide my 1099-NEC. For the first half of this year, I worked as an independent contractor for this small company. I kept everything organized, depositing all payments into a separate account (which is now closed since I switched banks). Things went south around June when there was a payment dispute. The owner decided he would only pay me what he "thought was fair" rather than our agreed amount for my work. I obviously wasn't okay with that arrangement, so I quit and found a better opportunity elsewhere. Now tax season is here, and he's refusing to send my 1099-NEC even after multiple requests. I've just asked for the total amount paid since I have all the other company information from my records, but he's ignoring me completely. I estimate I earned around $13,000 from January through June before I left. To make matters worse, this guy actually filed some bogus police report against me when I left - basically claiming I did something wrong by quitting his company! Nothing came of it, but shows what kind of person I'm dealing with. My tax refund should be substantial this year since I have three dependents, but I'm worried about filing without accurate 1099 information. I could have filed already but don't want to mess anything up and risk issues with the IRS. What options do I have when a contractor refuses to provide required tax forms?

This is unfortunately a common issue with difficult contractors. The good news is you still have options to file accurately. Since you kept records of your payments in a separate account, you can use your bank statements to determine exactly how much you were paid. When a contractor doesn't provide a 1099-NEC, you're still legally required to report that income on your tax return. The IRS actually expects this - they know not all payers follow the rules. You'll report this on Schedule C as self-employment income. Be as accurate as possible with the amount based on your records, and keep documentation of your attempts to obtain the 1099-NEC from your former employer. Keep in mind that if he does eventually file the 1099-NEC with the IRS, they'll expect to see that same income on your return. If the amounts don't match, it could trigger questions, which is why using your bank statements is important for accuracy.

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What if the bank account is closed and I can't access those statements anymore? Would the IRS accept my personal records like a spreadsheet where I tracked payments?

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Even if the account is closed, you still have the right to request statements from the bank. Most banks will provide statements from closed accounts for up to seven years. Call customer service and explain you need them for tax purposes. If you absolutely cannot get bank statements, the IRS will accept your personal records as long as they appear to be maintained regularly and consistently. This could include a spreadsheet where you tracked payments, copies of checks before depositing, invoices you sent the employer, or any email/text confirmation of payments. The key is demonstrating you made a good-faith effort to track and report all income accurately.

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I went through something similar last year with a client who ghosted me when tax time came around. I was pulling my hair out trying to figure out what to do until I found this AI service called taxr.ai that helped me sort everything out. The website basically analyzed my situation and gave me step-by-step guidance on how to handle missing 1099s. What really helped was that https://taxr.ai walked me through creating a paper trail of my attempts to get the 1099-NEC. It also helped me calculate my exact income from the scattered records I had and showed me how to document everything properly for the IRS. They have tools specifically for independent contractors dealing with difficult clients who don't provide proper documentation.

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How exactly does this service work? Does it actually tell you what to do if someone refuses to give you a 1099, or is it just general tax advice?

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That sounds convenient but I'm skeptical of AI tax tools. How accurate is it really? My situation with missing documents is complicated and I'm worried about getting audited if I mess something up.

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The service has you upload whatever records you do have - bank statements, emails about payments, invoices - and uses that to help reconstruct your income records. It's not just generic advice; it creates a specific action plan for your situation, including template letters to send to non-compliant employers requesting your 1099. Regarding accuracy, I was skeptical too until I used it. What impressed me was that it doesn't just give you a number to put on your taxes, but walks you through documenting everything properly so you have support if questions ever come up. It also explains which IRS forms to use when reporting income without a 1099 and how to note that the contractor failed to provide documentation.

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I was really worried about using an AI for something as serious as taxes, but after my contractor ghosted me on providing my 1099s, I was desperate. I decided to try taxr.ai based on the recommendation here and I'm actually blown away by how helpful it was. The system helped me document all my attempts to get the 1099-NEC (which I needed for proof), calculated my income accurately from the partial records I had, and gave me specific instructions for filling out Schedule C correctly. What really surprised me was how it walked me through creating a paper trail that would protect me if questions came up later. I filed three weeks ago using their guidance and already received my refund without any issues! I was so stressed about potentially getting in trouble for filing without the official 1099, but everything went smoothly. Definitely worth checking out if you're in a similar situation.

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Your situation sounds frustrating. After reading about what you're going through, I wanted to share something that helped me when I had IRS issues that needed direct resolution. After weeks of trying to call the IRS myself and getting nowhere, I used a service called Claimyr that got me through to an actual human at the IRS in about 15 minutes. I was skeptical at first, but https://claimyr.com actually works - they navigate the IRS phone system for you and call you back when they've got an agent on the line. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c In your case, the IRS might be able to give you guidance on exactly what to do when a contractor refuses to issue a 1099-NEC, and possibly even take action against the contractor. Having an actual conversation with an IRS agent made a huge difference in resolving my issue.

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Wait, how does this actually work? I've been trying to reach the IRS for weeks with no luck. Does this service somehow jump the queue or something?

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Sorry, but this sounds like a scam. There's no way to "skip the line" with the IRS. I've been dealing with them for years and they're just understaffed. No service can magically get you through.

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It doesn't jump the queue or do anything unethical. What Claimyr does is use an automated system to handle the hold times and navigate the phone tree for you. They basically wait on hold instead of you, and when they finally reach a human agent, they connect you immediately. It's definitely not a scam. The IRS is indeed understaffed, which is why hold times are so long. This service just handles that painful waiting process so you don't have to keep your phone tied up for hours. I was skeptical too, but after spending days trying to get through myself with no luck, I was willing to try anything. I was connected to an actual IRS agent who helped resolve my issue, saving me days of frustration.

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I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I was still desperate to talk to someone at the IRS about a missing form situation similar to yours, so I decided to give it a try anyway. I'm honestly shocked - the service actually worked exactly as described. I tried calling the IRS for THREE WEEKS with no success (always disconnected after waiting forever). With Claimyr, I got connected to an actual IRS representative in about 20 minutes. The agent was able to confirm exactly what I needed to do about my missing forms situation and even put notes in my file about the issue. For situations like yours where you need official guidance, being able to actually speak to someone makes all the difference. I wasted so much time trying to handle this myself when I could have just used this service from the beginning.

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You might want to file Form 8919, "Uncollected Social Security and Medicare Tax on Wages" if you believe you were misclassified as an independent contractor when you should have been an employee. The way you described the relationship (him treating you like you couldn't leave, expecting you to work for what he felt was fair) suggests possible misclassification. This form lets you report your income without paying the full self-employment tax that independent contractors normally pay. There's a specific code to use for when you requested a 1099 but didn't receive one. This could save you significant money if you qualify.

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How do you determine if you're misclassified though? I had a similar situation and the employer had a lot of control over my schedule and how I did the work, but I signed an independent contractor agreement.

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The IRS looks at the relationship as a whole, not just what's on paper. The key factors are behavioral control (who decides when and how you work), financial control (who provides tools/equipment and controls business aspects), and relationship factors (written contracts, benefits, permanency of relationship). Even if you signed an independent contractor agreement, that document alone doesn't determine your status if the actual working relationship resembles an employee. The IRS has a 20-factor test they use, but the big red flags include: being told exactly when and how to do the work, not having the freedom to work for others, being provided with tools and equipment, and being paid by the hour rather than by project. Based on what you've described, it seems worth looking into Form SS-8 to request a determination from the IRS.

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Have you thought about sending a demand letter through certified mail? I did this when my former client wouldn't send my 1099. I basically wrote a formal letter stating I was requesting the legally required tax document, mentioned the IRS requirement that businesses must provide these forms, and gave a deadline of 14 days. I sent it certified mail so I had proof they received it. My guy still ignored it, but when I filed my taxes, I showed my CPA the certified mail receipt as proof I tried to get the form. I ended up reporting the income based on my own records, and my CPA said the documented attempt to get the 1099 showed good faith effort on my part.

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I did send an email requesting it but not a certified letter. That's a really good idea about having documentation that I tried to get it properly. I'm mostly concerned about reporting the right amount. If I file based on my records which show about $13k but he later files a 1099-NEC with a different amount, will I get in trouble?

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If there's a discrepancy between what you report and what eventually shows up on a 1099-NEC, the IRS will likely send you a notice. But that's not necessarily a big problem as long as you can explain the situation. Keep every piece of evidence you have - copies of checks, bank statements if you can get them, invoices, emails about payments, etc. If you receive a notice, you can respond with your documentation showing how you calculated the amount. The most important thing is that you make a good faith effort to report the correct amount. If you're off by a small amount due to the contractor's failure to provide documentation, the IRS is generally reasonable about it.

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I'm dealing with a similar situation right now and wanted to share what I learned from calling the IRS directly about missing 1099s. The agent told me that you absolutely should file your return even without the 1099-NEC - in fact, waiting could result in late filing penalties if you miss the deadline. The key is to be as accurate as possible with your income reporting. Since you kept everything in a separate account, that's going to be your best documentation. Report the income on Schedule C and keep detailed records of everything - your bank statements, any correspondence with the contractor requesting the 1099, copies of invoices or work agreements. One thing the IRS agent emphasized is that contractors who fail to provide required tax documents can face penalties. You might want to report the non-compliance using Form 8919 or contact the IRS directly about the contractor's failure to issue the 1099-NEC. Sometimes a call from the IRS gets these situations resolved quickly. Don't let this difficult contractor delay your refund any longer, especially with three dependents. File based on your records and let the IRS sort out any issues with the contractor separately.

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This is really helpful advice about not waiting to file! I've been hesitating because I'm worried about getting the amount wrong, but you're right that missing the deadline would be worse. Did the IRS agent give you any specific guidance on how to document that you tried to get the 1099? I want to make sure I have everything properly documented in case there are questions later.

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You've already received some great advice here, but I want to emphasize something important - don't let this contractor's behavior delay your tax filing any longer. Based on what you've described, you have solid documentation with your separate bank account records, and that's exactly what the IRS expects in situations like this. Since you mentioned estimating around $13,000 from January through June, I'd recommend gathering every piece of evidence you can: bank statements (even from your closed account - the bank should provide these), any invoices you sent, email confirmations of payments, or even text messages discussing payment amounts. The more documentation you have, the better. Here's what I'd do in your situation: 1) Send a final certified mail request for the 1099-NEC with a specific deadline, 2) Calculate your exact income from your bank records, 3) File your return using Schedule C to report the self-employment income, and 4) Keep all documentation of your attempts to obtain the proper forms. The IRS understands that not all employers follow the rules, and they have procedures in place for exactly these situations. Your substantial refund with three dependents shouldn't be held hostage by one difficult contractor who's clearly trying to make your life difficult. File accurately based on your records and let the IRS deal with his non-compliance separately.

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