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FORM 8919 WITH 1099- MISC

Forum|Forum|7 years ago
June 1, 2019
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I NEED TO DISPUTE A ERROR. MY EMPLOYER CLASSIFIES ME AS A 1099 MISC BUT HE ALSO GAVE ME A W-2. IT WAS NOT A BOUNUS OR PRIZE, IT WAS MY PAY ROLL CHECK

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Best answer by ChristinaS

If you believe you should have been treated as an employee and not a contractor, begin the process to file Form 8919 here:

Federal Taxes
Wages and Income
Other Common Income
Enter 1099-MISC for the time being
On the next screen, just briefly describe your work (i.e. Sales, landscaping, etc)
Immediately after the 1099-MISC entry you'll see checkboxes, including "your employer reported on a 1099 but it should have been on a W2"
If you have not gotten a response for SS-8 yet, just click as much on the next screen
Your return will now include 8919

You ALSO need to also mail SS-8 now, independently of your tax return. You can wait for that response, or go ahead with the 8919 now. If the IRS agrees that you were an employee, your return will not need to be changed.

It may take a while to get the SS-8 response, so go ahead with the 8919. Did you speak with your employer about this? If you still work there, you should give them the opportunity to fix their mistake.

https://www.irs.gov/pub/irs-pdf/fss8.pdf

You will mail that to:

Internal Revenue Service

Form SS-8 Determinations

P.O. Box 630 Stop 631

Holtsville, NY 11742-0630

C

ChristinaSAnswer

Employee

If you believe you should have been treated as an employee and not a contractor, begin the process to file Form 8919 here:

Federal Taxes
Wages and Income
Other Common Income
Enter 1099-MISC for the time being
On the next screen, just briefly describe your work (i.e. Sales, landscaping, etc)
Immediately after the 1099-MISC entry you'll see checkboxes, including "your employer reported on a 1099 but it should have been on a W2"
If you have not gotten a response for SS-8 yet, just click as much on the next screen
Your return will now include 8919

You ALSO need to also mail SS-8 now, independently of your tax return. You can wait for that response, or go ahead with the 8919 now. If the IRS agrees that you were an employee, your return will not need to be changed.

It may take a while to get the SS-8 response, so go ahead with the 8919. Did you speak with your employer about this? If you still work there, you should give them the opportunity to fix their mistake.

https://www.irs.gov/pub/irs-pdf/fss8.pdf

You will mail that to:

Internal Revenue Service

Form SS-8 Determinations

P.O. Box 630 Stop 631

Holtsville, NY 11742-0630

H

hector805torresAuthor

I spoke to my employer about this issue. He denied it being a mistake and that I was wrong about the form being a contractor return. So I'm going to use form 8919. And submit the ss-8 form after I submit my taxes because the response time is unknown from the IRS.

P

pd1459

I am still confused I received a w-2 from a law firm that handled a class action suit for an employer I worked for a few years ago (which they sent a settlement check in 2020, and it shows the taxes were taken out. The same day I received a 10-99 Misc for the same amount however no taxes were taken out. In turbo tax 2020 I filled out the 10-99 Misc and checked the box for a class action suit and getting a error about self-employed do I need to get this IRS form 8919 and fill it out? Is this form in the turbo tax 2020 that I can fill out and complete my filing. Thanks