Comments on: Ask the taxgirl: Temps as Employees http://www.taxgirl.com/ask-the-taxgirl-temps-as-employees/ Paying taxes is painful... but reading about them shouldn't be. Sat, 20 Mar 2010 00:44:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Kelly http://www.taxgirl.com/ask-the-taxgirl-temps-as-employees/comment-page-1/#comment-9116 Kelly Thu, 26 Feb 2009 00:03:23 +0000 http://www.taxgirl.com/?p=2727#comment-9116 Miki, I would usually agree except: 1, I'm not sure that it was a 1099 and not a W-2 as the taxpayer referenced both withholding and independent contractor status and referred to the form as a 1040 - so I'm not 100% sure what was going on; and 2, taxpayer had an accountant do her taxes, who I'm assuming was both qualified and could look at the totality of the circumstances, then gave it a stamp of approval. I would definitely agree that a misclassification should be addressed. I think what happened, since taxpayer referenced withholding is that she started out as independent contractor and employer switched to employee status. There wouldn't generally be withholding for a 1099-MISC. Miki, I would usually agree except:
1, I’m not sure that it was a 1099 and not a W-2 as the taxpayer referenced both withholding and independent contractor status and referred to the form as a 1040 – so I’m not 100% sure what was going on; and
2, taxpayer had an accountant do her taxes, who I’m assuming was both qualified and could look at the totality of the circumstances, then gave it a stamp of approval.
I would definitely agree that a misclassification should be addressed. I think what happened, since taxpayer referenced withholding is that she started out as independent contractor and employer switched to employee status. There wouldn’t generally be withholding for a 1099-MISC.

]]> By: miki http://www.taxgirl.com/ask-the-taxgirl-temps-as-employees/comment-page-1/#comment-9115 miki Wed, 25 Feb 2009 22:39:30 +0000 http://www.taxgirl.com/?p=2727#comment-9115 I disagree. If the taxpayer was an employer, and got a 1040 MISC, they should take it to the employer and have the employer correct it and issue a W-2. Otherwise, the taxpayer is out the 1/2 self-employment tax (which the employer would have paid as their share of the FICA tax). I disagree. If the taxpayer was an employer, and got a 1040 MISC, they should take it to the employer and have the employer correct it and issue a W-2.

Otherwise, the taxpayer is out the 1/2 self-employment tax (which the employer would have paid as their share of the FICA tax).

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