- quote -

If you were indeed a bonafide employee of this group then
they seem to be onthe far side of both state and federal
law.

Frankly I don't think you need a lawyer or CPA.

You should be able to sort out a S-22

The fact that you got 1099's for more than they actually
paid you , so you post, really suggests they both are into
some areas of tax abuse fraud at both the federal and state
levels. Try your local IRS line to get instruction as to how
to report this abuse. Also try both the Ohio revenue
department and their labor departments--on the theory that
they are not providing workmans comp and all that state
mandated stuff as well. (In may case I even checked with the
PA Bureau of Charities Registration --seems the group
"forgot" to register to do business in PA--but I was able to
find a copy of their 501C3 status letter--hey, look it up on
IRS site to see if they even officialy have such status--a
couple of groups around me "forgot" that basic step. And in
my case the payroll practices even violated state gaming
law--as to bingo workers. Try the local DA.

EG if you happend to get hurt on the job--would you be
covered? Ha Ha!!!

PS I'll bet they fudge facts with other employees as well?
Gather as much as you can!

If they didn't collect the basic information as to
withholding how did they even know if you were lawfully
entitled to work inthe USA?

Sadly, from first hand experience, a good many enforcement
agencies seem to want to look the other way when it comes to
this kind of games from an exempt group.

You may have to push a lot of doorbells before you find one
that works!

Call your local newspaper--mine has has an action column.
Sometimes stories like this make for good press!

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If memory serves me correctly, if you were an employee and
not an outside contractor, she (the company) is fully
responsible for contributing their portion for FICA, SS, and
Medicaid. You generally only receive a 1099 if you are not
an employee. Example: I was a contracter and used
electricians and others for sub-contractors, I was required
to give them a 1099 if I paid them over 600.00 (at the time)
because they were not employees. In fact if I didn't give
them 1099's I could be liable for their taxes! Her just
giving you a 1099 does not make you independent contractor.
She should smarten up or she (the company she works for)
could be in big trouble with the IRS, obviously does not
know what she's doing. If I have an accurate idea of your
situation, hope this helps. You need to talk to the business
office of this company, does not matter if they are a
non-profit when it comes to federal taxes, SS, medicaid. If
they company) won't talk, call the IRS or go to the office
in your state.

John Coleman

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Matt McKenna wrote:

- quote -

Based on what you say transpired, I would suggest you
contact an enrolled agent (EA) in your area. (our) fees are
most often less than CPA's as a starting point, but I would
mention that we specialize in tax work.

For a reference, look at NAEA.org website.

Or if you email me, (hlunsford"at"bellsouthdotnet")
I can recommend someone up that way for you.

Cheer$,
Harlan Lunsford, EA n LA

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mmckenna[at]bw.edu (Matt McKenna) wrote:

- quote -

You were either an EMPLOYEE or an Independent Contractor,
depending on facts and circumstances of the working
conditions and job performed. IRS Pub 15A has a good
discussion of the differences. I recommend that you review
this information.

If you feel that you were improperly classified as an
Independent Contractor (1099-MISC) instead of an employee
(W-2), then file Form SS-8 with the IRS to request a
determination of your status. You will need the company's
name and EIN identification. That should be on the 1099-MISC
sent to you.

The fact that this organization is non-profit is irrelevant.
It is obvious (to me at least) that they are classifying you
as a contractor to avoid paying the employers portion of SS
and Medicare taxes, workman's compensation, and unemployment
taxes. They probably also provided no health care coverage
for you.

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I worked as an employee for a non-profit from May 2003 to
December 2003. During the time I worked there, my employer
refused to collect any tax info for me, because she didn't
want to pay the (SS and FICA?) taxes. When I resigned, she
had a hard time filling my position even though I gave her
ample notice.

Fast forward to Jan. 24th—she leaves a threatening message
on my answering machine demanding I fax her my SS# so she
can send me a 1099. I emailed her and told her I would speak
only to her accountant, because I do not trust her w/ my
SS#...but I am a law-abiding citizen and would be more than
happy to provide my SS# to her accountant. I also requested
receipts for everything she paid me.

Feb. 4th rolls around and I haven't heard anything from her
until I get an envelope from her. It was run through her
metering machine dated Jan. 29, but was never actually
mailed. So she is trying to pull a quick one (I saved the
envelopes). To make matters worse, I received 2 1099-MISCs,
one from the nonprofit I did the work for and another 1099
from a company I have never heard of. The kicker in all this
is that the total amount of the 1099s total to $2000 more
than what I was paid, according to my records.

It's fairly obvious to me that she is trying to do personal
damage to me via the US tax system. I know I need to fill
out an S-22 to straighten out my employment status, but
other than that I could use some guidance. I would like to
report her non profit to the IRS——would that do any good?
Should I get a lawyer or just a good CPA?

Can you please provide an insight or refer me to someone in
the Cleveland Ohio area that could be of assistance?

Thanks so much in advance. I appreciate you reading this.

Matt

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