D. Stussy wrote:
- quote -

Of course he "should": But what penalty for not doing so?

ChEAr$,
Harlan Lunsford, EA n LA

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Harlan Lunsford wrote:

- quote -

Yes. IRC 6109(a). cf. IRC 6051(a).

- quote -

That is true.

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Barry Margolin wrote:
- quote -

.....And the employee is required to disclose his SSN to the
employer. IRC 6109 and 6051.

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Barry Margolin wrote:
- quote -

Correct! the business establishment is required to furnish
a W2 to employees and 1099 in other certain circumstances,
all of which require knowlege of the individual's tax id
number.

ChEAr$,
Harlan Lunsford
Monday, 24 Jan 2005

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netsurfer802[at]yahoo.com (maxed) posted:

- quote -

Actually, you _could do that, using Schedule C or C-EZ.
Since you would be reporting as an independent contractor,
the IRS probably won't care where your "business" income
came from as long as you report it.

My original answer was predicated on the assumption you
wanted to complain to the IRS about the company for which
you were working. That would require you to get a 1099 from
them, which would be the basis for your complaint about your
being treated as an independent contractor.

Bill

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Harlan Lunsford <hlunsford[at]bellsouth.net> wrote:

- quote -

But they do have to fill out a W-2 or 1099, and both of
these require the employee's SSN.

--
Barry Margolin, barmar[at]alum.mit.edu
Arlington, MA

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Bill wrote:
- quote -

So I can't, since I have copies of my checks do the forms
and report it myself without having to tell them my SSN?


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Bill wrote:
- quote -

Hmmm... is it really true that one MUST give a ssn to an
employer? (Short of being fired for non compliance of
course.)

There's no requirement even for an employee to fill out a W4
form, did you know that?

ChEAr$,
Harlan Lunsford, EA n LA
Sat 22 Jan 2005

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netsurfer802[at]yahoo.com posted:

- quote -

The questions you raised were basically legal issues.

As for the basic tax issue, you are responsible for
reporting and paying taxes on your income. If you feel the
business wrongly classified you as an independent
contractor, you can report this to the IRS; however, it
won't relieve you of your responsibility.

The employer has an obligation to report your earnings --
both to you and the IRS. If you don't provide your SSN,
then _you_ are in violation, since you prevent the employer
from completed the required forms for both you and the
government.

As long as you're in violation yourself, it will impede your
ability to challenge the employer's own alleged violations.

Bill

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I live and work in Florida and have a question regarding
taxes. I worked for 5 months for a company as an Admin.
Assistant...(who's name I care not to disclose.)
Unfortunately for me they never had me fill out a W-4 or
I-9. I've been an hourly paid worker of regular hours of
8:30 to 5:30 with an hour break.

At one point I discussed with my boss about being an
independent contractor for the first 90 days of employment
and I had pretty much told him I wanted to be paid NOT as an
independent contractor after the 90 day period.

Evidently now they want my social security number which I
have strong reason to believe they want to use on a 1099 for
the full 5 month period that I had worked there as an hourly
paid 8:30 to 5:30 worker of the company. Since the only
thing they had me fill out regarding my own employment was a
Non-Compete / Non-Discolure Form. Also, I never got pay
stubs and after 5 months I quit.

Now, I am some what oblivious to all the laws involved so
I'll try to ask intelligently these following questions, and
please excuse if any of this seems to go off on a tangent:

First, does a non-compete, non-disclosure form possibly
cause a problem of reporting that I was an employee and paid
regular hourly wages if it says I am not to disclose
information "including information relating to research,
development, inventions, manufacturer, purchasing, billing
accounting, engineering, marketing, merchandising, and
selling, whether or not specifically made known to Associate
as a trade secret or as confidential information"....mean
that I'm not even to disclose thier routine of putting
hourly employees as independent contractors???

Second, if this agreement states it is "in consideration of
the sum of One Dollar ($1.00), and other good and valuable
consideration, and of the mutual promises and undertakings
hereinafter set forth, the parties do hereby agree wit the
other as follows:" on the first page......does this mean for
it to really hold in court I would have to have been paid a
dollar anyway????

Third, according to the Division of Corporations website for
the State of Florida the address he has on file with the
company name is no longer a valid business address ... and
has not been for at least 6 months or more. Will this add a
sticky situation after filing a substitute W-2, if big
brother doesn't even have his correct business address???

I guess to sum what these questions are about, it is of an
employer that wants to have the benefits of having me work
as an independent contractor for tax reasons and yet has
worked me as an employee. Thanks very much for any feedback.

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