SS-8 – or Dishonest Boss

Today, Nancy from West Virginia is confounded, “My boss sent me a 1099 instead of a W-2.

But I was an employee, not a freelancer. What do I do?

Well Nancy, some employers like to cut costs at your expense.

We can fix this, but beware if you’re still working there. Your boss is likely to face a full-blown payroll audit.

So, if you can find a new job, do it fast, before IRS makes contact.

Grab a copy of Form SS-8 Determination of Worker Status.
It’s 3 pages long asking detailed questions about your job and your function. Filling it in, it will become obvious whether or not you fit the definition of an employee.

When you send it in, IRS will contact your bosses to get their side of the story. So be sure to attach proof to support your case. Include things like time sheets, your business cards, a company telephone list, or anything showing your name in company records.

Do it right. You’ll win.

Once IRS agrees you are an employee, send a copy off to the Social Security Administration so you get credit towards your retirement benefits.

With this proof in hand, prepare your tax return is if that 1099 were a W-2. Use Form 4852. Any good tax pro can help you out. For this, you will need their help.

And remember, you’ll find answers to lots of answers to questions about how to replace fraudulent 1099-MISC’s and other tax information, free. Where? At

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  • IRS Form SS-8 :: Determination of Worker Status
  • IRS Form 4852 :: Substitute for W-2 and 1099-R

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