TaxGuyBill
Level 15

@catbrenner wrote:

However, if calculated under "Form 1099-MISC/NEC, Nonemployee Compensation"

 I don't really know the true agreement between employer/employee, ... and probably works a standard business day


 

There is no need to enter the 1099-NEC into the program.  You just report the income where it belongs.

If you don't know the true agreement, you should REALLY find out the details before taking such as stand.  "Probably"?  Did you ask the taxpayer?  You certainly can NOT be doing this without more details.  Are you also filing Form SS-8 to get a determination from the IRS?  That requires all of the details. 

The fact that the taxpayer filled out a W-9 (rather than a W-4) and was not having tax withheld seems to indicate he might have known he was being paid as a contractor, rather than an employee

You should also warn the client that if he is still working there, the employer will likely be quite upset at the situation when the IRS contacts them.