Weyerhaeuser, WI asked in Tax Law for Wisconsin

Q: I was wondering if I need to take an old employer to court if I had applied to work for them and during tax season

they did not provide me a w2 and instead sent me a 1099 NEC, which I researched and that form is an independent contractor or self-employed but I never verbally agree or have it in written contract paper that I was a self-employed or independent contractor and they never provided me a w9 form. So I'm at the point where I was going to contact IRS to explain my situation because I do not want to submit this year taxes with a 1099 nec form.

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: If you believe that you were misclassified as an independent contractor and should have been classified as an employee, you should try to resolve the issue with your employer first. You can request a W-2 from your employer or provide them with your Social Security number to ensure that they report your income accurately.

If you are unable to resolve the issue with your employer, you can contact the IRS to report the misclassification. The IRS has a form called Form SS-8, which you can fill out to request a determination of your worker status. The IRS will review your situation and determine whether you should have been classified as an employee or an independent contractor.

If the IRS determines that you were misclassified, your employer may be required to pay back taxes, penalties, and interest. However, you may also need to take legal action to recover any lost wages or benefits that you would have received if you were classified as an employee. It may be helpful to consult with an employment law attorney to determine your options.

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