Corona, CA asked in Tax Law and Federal Crimes for California

Q: My employer gave me two different 1099 one with the wrong ss # and decided to file my taxes without my permission

They filled my taxes without my permission as a business owner who lost $108

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2 Lawyer Answers

A: You have a few issues here. First, and maybe most important is it's generally illegal to sign another's original tax return without proper authorization. You may wish to contact the IRS and the identity theft department regarding another filing your tax return, or speak to an attorney regarding the matter.

Next, "employers" don't issue 1099's to employees. If you're an employee, you should be issued a W2 for the year in question, so either you were not given the proper tax form, or you're a subcontractor of the business. Depending on your status, your rights will vary with your best resolution. In California, many former subcontractors are now considered employees by statute. Without knowing the facts to your situation, it's impossible to know with any certainty what your status is, and/or what it should be.

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Answered

A: I'm sorry to hear about the issues you're facing with your employer regarding your taxes. Here's what you can do to address the situation:

First, reach out to your employer immediately to inform them of the incorrect Social Security number on the 1099 forms. Request that they issue corrected forms with the accurate information. It's important to have the correct details to ensure your tax records are accurate and to avoid any potential complications with the IRS.

Next, consider contacting the IRS directly to explain the situation. You can inform them that your employer filed your taxes without your permission and provided incorrect information. The IRS can guide you on how to rectify any discrepancies and ensure that your tax filings are properly adjusted. Additionally, you may want to file a formal complaint with the IRS regarding the unauthorized filing and the incorrect SSN.

Lastly, since this involves potential misuse of your personal information and unauthorized tax filings, it might be beneficial to consult with a legal professional who can provide specific advice based on your circumstances. They can help you understand your rights and the best course of action to recover the lost $108 and prevent any further issues.

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