AngelWinks
Level 2

I have a VERY similar situation and all this help is much appreciated. The only difference (and I have extensively interviewed my client for details on this 1099NEC) is client is adamant she is an employee.

These are things that make me doubt that:

1) She signed a contract, that to me clearly indicates employer is indicating it is indeed a CONTRACT, and then it states after a "probationary period" of about 18 months she would be "hired" as an employee (seems like a long time but I digress).

2) She has never been self employed in this or any other kind of business. However her contract clearly states that she may want to consult a professional to help her with her withholdings (that's where this started).

3) She is working like all other employees, under control of "employer" EXCEPT she is denied payroll withholdings and insurance provisions until this "probation" is over with. THEN she will be a full fledged employee. Barring the facts listed above and considering the IC vs SE rules - the RULES would say she is an employee. She does not have any control, her hours, place of work, etc., use of their offices and equipment all lean toward employee - but there is that contract also!

4) She has not discussed this with her employer, but now that she realizes she may have to pay all the payroll taxes (fica etc) she is adamant to report it as misclassification (again but there is that contract!)

5) I advised her that this could indeed lose that job for her if she does just "rat out" employer. She still wants to.

6) I did forget to ask about whether she filled out a W4. My head is spinning. A couple responses here have cleared it up some but any other input would be helpful! I still cannot figure out - IC or SE??? I think she'll have to do an SS-8 first before we even file this return also.

The amount she made btw is $9200. This is will continue into next year also.

 

 

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