Does he have to somehow back pay for the past six years? Would I have to pay as well? Should I report him?
2007-03-07 12:32:21 · 7 answers · asked by G M 1 in Business & Finance ➔ Taxes ➔ United States
You can file a Form SS-8 with IRS for them to determine if you are an employee or independent contractor. If IRS determines you are an employee, you will be able to file a Substitute W-2 and claim the Social Security, but your boss might fire you. You would have to pay tax on any unreported income.
The link to the IRS form is below:
http://www.irs.gov/pub/irs-pdf/fss8.pdf
2007-03-07 13:01:02 · answer #1 · answered by exirsman 5 · 0⤊ 1⤋
Are you saying that you've been working under the table for six years? If that's the case, both you and your boss have a major problem.
Or are you saying you've been working as an independent contractor all this time, and getting a 1099? If that's the case, you should have been paying in for social security, and he wouldn't be paying an employer half, you'd pay both halves, as well as paying income taxes.
If you have been misclassified as an independent contractor and really are an employee, then you can request a determination from the IRS on your status.
If you've been working in a capacity that is an employee, but neither of you have been paying taxes, then yes, you can report him, and yes, you'd have to pay as well.
The best thing you can do would be to talk this over with your boss and express your concerns, and tell him you want to get right with taxes. Then depending on how he reacts, you can decide where to go from there.
2007-03-07 21:50:38 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
If you are an employee, your employer must withhold social security and medicare on your behalf, and he must also pay his share. If he doesnt, you are not being recognized as having paid SS by the SSA. This can affect your SS benefits in the future.
Also, if your boss is ever audited, not only will he have to pay back taxes, but so will all employees. These taxes plus interest and penalties over 6 years can be a huge liability. I suggest you speak to your boss, or else find a new job.
2007-03-08 00:50:50 · answer #3 · answered by tma 6 · 0⤊ 0⤋
Yes, see a tax attorney. If the worst came about and you became sick and needed to go on SS disability you wouldn't have enough earned work credits to recieve it. This will also affect how much money you get at retirement. Your boss is guilty of fraud and needs to fess up.
2007-03-07 20:37:15 · answer #4 · answered by sweet sue 6 · 0⤊ 1⤋
if you were paid on a 1099 he does not have to pay into it.
if you were paid on a w-2 he does. you need to get credit for those 6 years. beware, you have to pay it as well.
2007-03-07 20:37:04 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Contact the Dept. of Labor......
2007-03-07 20:36:22 · answer #6 · answered by justmedrt 6 · 0⤊ 0⤋
threaten to sue and tell your boss that you have stuck by his side through thick and thin and you deserve so much more respect than that
2007-03-07 20:36:31 · answer #7 · answered by nana4tennis 1 · 0⤊ 2⤋