So last year my husband wasn't able to file his taxes because his employer never gave him a W2 and never gave him paystubs because he gave him personal checks. My husband trusted his employer was taking taxes out of his checks and reporting them. I'm not is he was taking the taxes out but I know he didn't report them. He told my husband he needed to file a 1099, which I was told would make it to where my husband would responsible for all the fees, fines, and whatnot from not having his taxes reported that year. Here we are again it's tax season and we don't know what to do. He no longer works for this employer but last year he asked his employer multiple times for a W2 or something, anything to show all his info so he could file his taxes and the employer never did! What should we do?

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Not sure what to do! My husband's employer never reported my husband's taxes from his paycheck.

Forum|Forum|1 year ago
March 29, 2025
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So last year my husband wasn't able to file his taxes because his employer never gave him a W2 and never gave him paystubs because he gave him personal checks. My husband trusted his employer was taking taxes out of his checks and reporting them. I'm not is he was taking the taxes out but I know he didn't report them. He told my husband he needed to file a 1099, which I was told would make it to where my husband would responsible for all the fees, fines, and whatnot from not having his taxes reported that year. Here we are again it's tax season and we don't know what to do. He no longer works for this employer but last year he asked his employer multiple times for a W2 or something, anything to show all his info so he could file his taxes and the employer never did! What should we do?

Best answer by KrisD15

If your husband was working as a sub-contractor, the person that paid him should have issued to your husband Form 1099-NEC reporting the income that this person paid to your husband.

This is the way it should have been done if your husband is Self-Employed and the person that paid him is also a business person that "hired" him to do a job.

When someone does work for an Employer, that Employer withholds income taxes and submits that withholding to the IRS and state (if state tax is withheld). The Employer also withholds FICA Tax, which is Social Security and Medicare. FICA tax is paid half from the Employee pay and half that the Employer pays.

When someone does work as a sub-contractor, that person has a business and does work for other contractors or customers. They follow their own rules since they do not have an Employer. They pay their own taxes, including both halves of the FICA Tax.

If this person that paid your husband did not issue paychecks with paystubs, and did not issue a W-2, they were treating your husband as if your husband has his own business.

YOU HAVE TWO OPTIONS:

1. Your husband can file as a Self-Employed taxpayer. Your joint return will include Schedule C to report the income your husband made throughout the year doing this type of work.

The good news is that your husband would be able to deduct business expenses, such as a vehicle, tools and work supplies.

The bad news is that your husband would need to pay all his own taxes.

This is all done though the tax return you file together.

In TurboTax enter the income under

Wages & Income

Business Income and Expenses (Schedule C)

It will require an upgrade to TurboTax Self-Employed Online or TurboTax Home and Business Desktop

2. Your husband can file a complaint with the Department of Labor and also use Form 8919 to report that the other person should pay half the FICA Tax because they (your husband) claims that they were an employee, not a subcontractor.

If he was told how to do the work, what time to show up, etc. he might be considered an employee by law.

In TurboTax enter the income under

Wages & Income

Less Common Income

Miscellaneous Income, 1099-A, 1099-C START

Other income not already reported on a Form W-2 or Form 1099 START

KrisD15Answer

If your husband was working as a sub-contractor, the person that paid him should have issued to your husband Form 1099-NEC reporting the income that this person paid to your husband.

This is the way it should have been done if your husband is Self-Employed and the person that paid him is also a business person that "hired" him to do a job.

When someone does work for an Employer, that Employer withholds income taxes and submits that withholding to the IRS and state (if state tax is withheld). The Employer also withholds FICA Tax, which is Social Security and Medicare. FICA tax is paid half from the Employee pay and half that the Employer pays.

When someone does work as a sub-contractor, that person has a business and does work for other contractors or customers. They follow their own rules since they do not have an Employer. They pay their own taxes, including both halves of the FICA Tax.

If this person that paid your husband did not issue paychecks with paystubs, and did not issue a W-2, they were treating your husband as if your husband has his own business.

YOU HAVE TWO OPTIONS:

1. Your husband can file as a Self-Employed taxpayer. Your joint return will include Schedule C to report the income your husband made throughout the year doing this type of work.

The good news is that your husband would be able to deduct business expenses, such as a vehicle, tools and work supplies.

The bad news is that your husband would need to pay all his own taxes.

This is all done though the tax return you file together.

In TurboTax enter the income under

Wages & Income

Business Income and Expenses (Schedule C)

It will require an upgrade to TurboTax Self-Employed Online or TurboTax Home and Business Desktop

2. Your husband can file a complaint with the Department of Labor and also use Form 8919 to report that the other person should pay half the FICA Tax because they (your husband) claims that they were an employee, not a subcontractor.

If he was told how to do the work, what time to show up, etc. he might be considered an employee by law.

In TurboTax enter the income under

Wages & Income

Less Common Income

Miscellaneous Income, 1099-A, 1099-C START

Other income not already reported on a Form W-2 or Form 1099 START

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E

ejjgtj12Author

He was definitely an employee not a contractor, he filled a W-4 when he started working for this guy. My husband believes the employer was taking taxes out of his checks but I don't think he was. I just know he never reported any taxes being withheld from my husband's paychecks. I have no clue how much my husband made while working for this guy so I wouldn't even begin to know what to put when filling our taxes. So with either option we are probably screwed and gonna owe a bunch of money, huh?

B

BrittanyS

As KrisD15 stated above, you can file a claim showing that you are considered an employee, not a subcontractor. However, you must provide information such as income, taxes withheld, etc. This option would save some funds even if you can't prove taxes have been withheld because the employer would be responsible for at least half the Medicare and Social Security tax. For more information on how to do this see the link below: