W-9 forms?

Question

I was a nanny for a year and a half and had a verbal agreement that we weren't gonna file for claims on taxes , now that she fired me she's sending me w-9 forms trying to claim me on her taxes! by law do I have to fill out the forms for her?

Answer 1

A verbal agreement to break the law isn't something that can be enforced, so you definitely can't try to hold her to that. You were both wrong to make that agreement.

The others who say that she should be giving you a W-2, not a 1099, are probably correct. The IRS has rules on who is an independent contractor and who is an employee, and as a nanny, you were more likely an employee than an independent contractor. And if that's the case, yes, she should be paying certain taxes such as half of the social security taxes.

An employee fills out a W-4, not a W-9 - W-9's are for independent contractors.

Answer 2

Anytime an independent contractor makes over $600 for somebody, you are required by law to fill out a W-9.

Try saying this to yourself and think what would happen:

"We had a verbal agreement that we weren't gonna file or claim taxes.........your honor"

Doesn't fly does it?

Answer 3

Yes, but did she collect taxes on your salary? How much total did you earn from her? It was illegal to make deals not to show taxes.

Send her a letter and tell her you will fill out the forms but you need her to send you a W2 for the wages you earned in her employ and the taxes she took from your salary.

When you do this it will probably she her up but if not then send her a W-9 when you get your W-2 from her. She should have given you a W-2 for last year and she has until the end of January 2007 to send you the one for this year.

Answer 4

How did you get paid??? Cash??? Check??? Either way a W-9 should be used if you were self employed as a 1099 contractor. She is trying to get you to fill it out so she can write what she paid you off from her tax return. If you wanted to get nasty about it you can tell her that she is responsible to Match your taxes withheld and pay that to the IRS as your employer and furthermore she needs to give you a W-2 as her employee so that you can file your taxes... That will most likely scare her mouth shut and she will just forget the W-9 (The W-9 is just her way to try to benefit herself from her own mistake as your employer and not paying the consequences of her mistake)... Good luck

Answer 5

If you are NOT subject to backup withholding, they will withhold zero and you will have to pay the tax either through estimated tax payments or when you file your return. This depends on how much you owe. As you are considered an independent contractor, you WILL owe some tax. If you tell them that you are subject to backup withholding they will withhold at an excessive rate of 38%. You are then likely to get a refund when you file as your total tax shouldn't be more than 30%. Edit: But If I Don't Check "Exempt from backup withholding" and pay the 38% tax, Am I free to spend the earnings I receive? You should be. Your total tax shouldn't be more than 30%, so if they withhold 38%, you *shouldn't* owe any tax and may get a refund. It's hard to tell without knowing how much income you will have. You will have to file a tax return regardless of whether or not they withhold..

Answer 6

I doubt it matters what you think your rights are, if the government decides to randomly audit you and you haven't filed taxes, you'll probably be wishing you filled it out. They don't like not being paid. Contact an accountant or an attorney who specializes that field

Answer 7

The IRS form W-9 is the one used to request a taxpayer identification number from the US Department of the Treasury and Internal Revenue Service. You can download one from their website. The website is IRS (dot) GOV.