For the whole year of 2005 as well as half of 2006 I worked as 1099. However, the employer I worked for demanded that I work at a specific location mon-fri from 9 to (whenever they would let me leave... sometimes 9, 10pm - sometimes i wouldn't leave).
Reading the IRS's guidelines for how to classify tax filing, they state that if you can't work when you want, where you want to accomplish a "contract," then you are not an independent contractor. You are an employee - and your employer should be withholding tax and sending that into the IRS.
My employer did not do this and I filed as an Independent Contractor. The taxes were very steep. Now I am in a pickle for 2006 because I worked for half the year also as 1099, even though technically I was an employee.
How do I:
a. Refile or Amend for 2005 - what forms, etc.?
b. File as an employee for 2006 even though I had a 1099?
Will my ex-employer be penalized? Preferably, I don't want any harsh action taken. HELP!!!!
Thank you!
2007-01-11
08:27:08
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4 answers
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asked by
Heather L
1