Not a 1099

Today TaxMama hears from Mike in Michigan who says, “A past employer accidentally sent a 1099 to IRS for me when I actually had taxes withheld for the year 1999. Of course the IRS won’t listen to me. They continue to take my taxes anyway and want me to pay them off. I sent 3 copies of my soc. sec. statement to them and didn’t get anywhere. Are there any hardship programs or anything I can get into? I make $6.65/hr and only get 30-35 hrs a wk.
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I can’t even get caught up with rent or other bills. I eat once a day just to survive.
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Dear Mike,

This is a terrible predicament.

Though, I am not sure what your Social Security statement has to do with your situation?

If you have paystubs showing the withholding, that would help.

The first thing I would do is call my old employer and ask them politely to please write a letter explaining that the 1099 was an error.
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They might refuse if they filed that 1099-MISC deliberately – since they never sent in the payroll tax money they withheld from you.

If that’s the case, fill in Form 4852, Substitute for W-2 with the amount of wages you earned, and the amount of withholding they took, using your paystubs – and send the Form 4852 and copies of the paystubs to IRS with a cover letter explaining that you were on payroll all year and the company took withholding from your check.

https://www.irs.gov/pub/irs-pdf/f4852.pdf

The second thing that comes to mind is – if the employer didn’t send you a W-2, did you even report that income? It’s may be possible you do owe income tax on that income – but not the self-employment tax IRS wants to collect.
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Meanwhile, get in touch with the Taxpayers Advocate Service for free assistance. This is why they are there. You can call 1-877-777-4778 – or find more information here:

https://www.irs.gov/advocate/article/0,,id=97402,00.html

As to your big problem – earning so little that you can barely afford to eat? It’s time to look at your situation with open eyes. If your rent and other expenses eat up your income – get creative. Find a way to either share a place to live, or to rent a room for a small fee – or to trade services, like doing repairs or running errands for a senior…or find a way to reduce or eliminate your housing costs.

Moving in with an elderly person who could use some help and the comfort of having someone around in case of emergencies could be beneficial to both of you. Odds are you can pay little or no rent – and even get a meal or two. Find someone nice to live with.

And remember, you can find answers to all kinds of questions about tax debts and other tax issues, free. Where? Where else? At TaxMama.com

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