my husband gets a 1099 misc but is a common law employee. He doesn't even get overtime.?

C

chainschains22

New member
He has been working for this guy for 3 years. He gets a check every friday and he gets paid hourly. His boss gives him a 1099misc form and since we would have had to pay in for self employment tax we havent filed. I dont think this is fair, he isnt self employed. His boss just labels him that way and doesnt pay him over time. Theyre in construstion business., I found on the irs site that he is a common law employee. if we file this way will his boss get in trouble?
 
File a Form SS-8 with the IRS and they can determine whether or not he is an employee or not.

File the 1040 along with the 8919 and pay half of the self-employment tax. Even if the IRS agrees that he is an employee, he would have to pay income tax, social security and medicare on his income anyway.

Just as a warning.......He may want to line up another job. Employers don't like being turned in to the IRS even when they are wrong.
 
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