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Buell Motorcycle Forum » Quick Board Archives » Archive through January 30, 2008 » Woohoo... anyone know tax law? « Previous Next »

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Icon12r
Posted on Friday, January 25, 2008 - 04:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got a bug up my butt this morning to check the statutes regarding employee/sub-contractor definitions. My former employer neglected to take out any taxes, and (as I later found out) had me listed as a sub-contractor, which according to my research and IRS definitions, I was not.
About a month ago the crook left me and three of my co-workers to fend for ourselves, a big "F*** off" if you will.
After several attempts to contact him about our w2's, he still can't be reached.

If anyone knows anything regarding tax law, please PM me, or just post here. I'm looking for as many sources as I can find.
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Badlionsfan
Posted on Friday, January 25, 2008 - 04:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

best advice is to contact a tax attorney.
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Mikej
Posted on Friday, January 25, 2008 - 04:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'm not an attorney, but I do have a question that I personally don't need an answer for:
Question: were you paid by check and do you still have the check stubs and do those stubs show tax withholding on them?

I guess that's really three question, but I think you see where I'm going with it.

Check your records and receipts, go from there.

= = = = =
edit to add:
If it seems to warrent it you might also want to contact your local district attorney's office. If you're talking provable fraud you're probably talking a felony, which will potentially give you standing in front of the IRS. Potentially.

There are rules established to define what an independent contractor is. I've got two primary sources of income, one is as a direct hire employee, the other is as an independent contractor. Fortunately for me both companies provide tax statements at the end of the year.

Check the parameters of your employment, see how you stand, go from there.

(Message edited by mikej on January 25, 2008)
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Icon12r
Posted on Friday, January 25, 2008 - 05:03 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I was paid by check, once a week, with no stub. When I asked him about it, I was given a basic check stub with only the amount of the check written on it.
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Badlionsfan
Posted on Friday, January 25, 2008 - 05:04 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

if you were considered an independent contractor, it is my understanding that he is NOT required to provide you a 1099. weather or not you should have been an employee is what the lawyer is needed for. check this situation out from my industry.

http://www.truckstopcanada.ca/modules.php?name=New s&file=article&sid=555&mode=thread&order=0&thold=0
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