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Additional Details
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mr.rod33 | What do I do? I need to know if I am a employee? or Independent contractor? |
I did not own my own business, I do not own my own trucks and My ex- boss treated me like I was an owner of his trucks I was driving for him.! He listed me as an independent contractor and I wanted to know since he hired me to drive his trucks and did not take taxes out of my checks. He sometimes lpaid me cash!!!! What do I do? Can I argue this? He also says I made more money than I thought I made for the year! |
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PepsiLime
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Here is a link to what is an employee vs. independent contractor. From what you are saying though, you really are his employee, and should be treated as such. If you don't mind potentially losing your job you can report him to the IRS, the US Dept of Labor, and your state's Department of Revenue. |
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A.Mercer
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Lots of employers label employees as contractors so they can avoid paying taxes. The IRS is cracking down on these guys. Here is an IRS site that discusses this stuff. Read it carefully. They have guidelines in there that help you figure out if you are contractor or employee.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
If you were an employee and not a contractor then you can report the guy to the IRS. You will still have to pay your taxes on your income, however. |
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bob_frangione2000
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By listing you as an independent contractor, you "boss" can use your pay as a a business expense without having to withold any taxes from your pay. You, on the other hand must keep track of your income from this job to make sure you pay the proper taxes. You can, by the same token take advantage of certain business expenses, like the cost of going to and from work. As a regular employee, this would be commuting miles and not deductible. For an independent contractor, it is a business expense. Keep careful records of all money received, either by check or cash. |
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Deliah
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There are strict standards you can go to irs.gov and type independent contractor into their search engine.
Who set the hours you worked etc.
I think your boss is trying to evade paying his share of the taxes and could be, if someone reported him, in big trouble with the IRS and State taxing authorities!!! |
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edandyvonnemoore@sbcglobal.net
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This as been pretty much answered, but I wanted to point out that if you think you should be classified as an employee and not an independent contractor, there is a new tax form 8919 to use this year. Here's the link to a draft of the form.
http://www.irs.gov/pub/irs-dft/f8919--dft.pdf
To use this form you'll also have to file form SS8 (or meet one of the other criteria), avalible here. http://www.irs.gov/pub/irs-pdf/fss8.pdf
You can file SS8 now by filling it out and mailing it in, that way you may have a determination before you need to file your taxes. If you don't, use 8919 when you do your taxes.
Best of luck. |
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Chris
 |
There are certain rules/stipulations to being one or the other. Even if it was not originally said, the job of being a Truck Driver is usually hired as a 1099 person. However, it is kind of tricky, I would talk to an accountant/CPA, see if one has a free consultation in town. They could clear this up quickly. Also, keep a good record of what money you make from him/cash and by check. Otherwise, I am not sure it would hold up in court. Get a note book and write down all payments given to you. Goodluck. |
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Tomk
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He is required to send you a 1099-MISC form for you to use to do your taxes. This will report to you (and he sends a copy to the IRS) how much he paid you.
If you feel the 1099-MISC is incorrect, you need to show your proof and have him file a corrected copy. (You have to prove that he is wrong by the records you keep).
You are getting non-emplyee compensation from him, which means that you are acting as an independent contractor.
You sound as if you need to seek the help of a tax accountant. Check the yellow pages in your area. |
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Joseph T
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You can report your boss anonymously and get your taxes paid back to the IRS for you.
http://www.irs.gov/pub/irs-pdf/f3949a.pdf
That is the form you can use. Check the box marked failure to withhold tax.
If you represented his company, and had to work hours he gave you and had duties he gave you then you are not a contractor. |
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stephenweinstein
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I think the original question has been answered. I want to correct two things from the weasel.
1. A 1099 is filed by the company that pays an independent contractor. The independent contractor does not need to file a 1099 (unless the independent contractor pays someone else).
2. You are required to pay tax on all your income, including amounts received in cash, not just amounts received by check. |
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FARTHEAD
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did you get laid off or fired? did he 10-99 you? you are responsible for paying your own taxes the way he did things. by listing you as an independent driver he did not have to have Workman's comp. or unemployment insurance and if you got hurt on the job your liable. if he paid you cash and you don't really have to pay taxes unless your bank deposit records show more than you claim. did you keep your check stubs? he may have claimed you made more to lessen his tax burden. an internal revenue investigation will help straighten things out but you will have to pay taxes. just like most of us. |
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kev l
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see a lawyer for advice or an accountant sounds like he is trying to get out of taxes and employee health issues |
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Blue Flower
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you are being paid as an independent contractor. What you need to do is keep an exact record of how much he is paying you, because at the end of the year you have to pay taxes on that money, and he will report how much he thinks he paid you. And also make sure the trucks you drive have insurance paid for by the owner. |
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The Weasel
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If he didn't take out taxes then your an independent contractor. You'll need to file a 1099 tax form. As for what you made he can only claim what he paid you by check. And you only have to file taxes for what he paid you by check. |
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