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April 12, 2025
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Non-profit sent me a 1099-NEC but I am not an independent contractor

  • April 12, 2025
  • 1 reply
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I work for a non-profit organization and was sent a 1099-NEC , but I do not fit the IRS definition of an independent contractor because the executive director of the non-profit org tells me what to do and how to do.

The non-profit is not tax exempt and doesn't pay anyone as an employee or any medicare/SS taxes.  

 

Does working for a non-profit automatically negate the IRS definition of an independent contractor such that anyone working for them, whether they fit the IRS definition of independent contract or not, needs to pay self-employment tax?

 

IN other words, if I request a reclassification through the IRS, will it be denied because I work for a non-profit?

 

thanks!!!

    Best answer by MAK70

    No, if you are being treated as an employee, you should report them to the IRS.  If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

     

    See also Exempt organizations: Independent contractors vs. employees.  Many non-profit do not realize their obligations but you should not have to make a forced donation of your FICA taxes.  

    1 reply

    MAK70Answer
    April 12, 2025

    No, if you are being treated as an employee, you should report them to the IRS.  If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

     

    See also Exempt organizations: Independent contractors vs. employees.  Many non-profit do not realize their obligations but you should not have to make a forced donation of your FICA taxes.