contract employer not sending out 1099

<p>What can we do? D1 did contract work for Comcast last summer/fall, and they still have not sent her a 1099 for 2008. She has left many messages with name, phone number, contract number, etc. but they won’t even return her phone calls.</p>

<p>The other company she did contract work for sent her 1099 before the end of January.</p>

<p>I suggested she go higher up in HR, but she says when she calls HR, they refer her to accounts payable. Anyone have any suggestions?</p>

<p>From the IRS website:</p>

<p>If you do not receive your Form W-2 or Form 1099-R by January 31st , or your information is incorrect, contact your employer/payer.</p>

<p>If you do not receive the missing or corrected form by February 14th from your employer/payer, you may call the IRS at 800–829–1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer’s name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852, Substitute for Form W-2 or Form 1099-R.</p>

<p>If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X, Amended U.S. Individual Income Tax Return.</p>

<p><a href=“http://www.irs.gov/taxtopics/tc154.html[/url]”>http://www.irs.gov/taxtopics/tc154.html&lt;/a&gt;&lt;/p&gt;

<p>justamom - thank you sooooo much. In her IM to me tonight, she said, “like comcast should be fined by the irs”. I agreed, but never thought to go to the IRS website and look for the answer. I sent her the link.</p>

<p>Are you sure she earned enough money from them so that they have to send out a 1099?</p>

<p>Unless there has been a change recently, the cutoff amount is $600. If you do contract work for a company for less than this amount, you have to include the income on your tax return, but you don’t get a 1099.</p>

<p>You also may not get a 1099 if your employer is based outside the United States, but that doesn’t seem to apply in your daughter’s case.</p>

<p>I did freelance writing for more than 20 years. There were several instances when I did a single small assignment for a company and then nothing else for them in that year, earning less than $600. I also earned many thousands of dollars working for a Japanese company for six years in a row. In both situations, I did not receive 1099s, and I simply filed my tax returns without them. The IRS never questioned them. I suspect that if your declared income is GREATER than the total of all your W-2s and 1099s, the IRS is unlikely to make a fuss about it.</p>

<p>Actually, a 1099-R is a different form - it’s for distributions from IRAs and stuff (I think). </p>

<p>Like Marian, I am self-employed, and do not always receive 1099s promptly - or at all. I usually know the amount, and file without it. I have never had a problem. However, it might be a good idea to create her own record, based on bank statements, or memory, or a calendar of how many hours she worked - then just keep that at home with her tax records in case the IRS ever asks. That way she could show her income number is supported by her personal records - even if it is not absolutely accurate.</p>

<p>You don’t NEED the 1099 to file the return. You just need to know how much you were paid for the year. Any way she’d know that?</p>

<p>That link from justamom is for W-2’s or 1099-R’s.</p>

<p>Just to be clear there are different types of 1099’s. A regular 1099 is for work done as an independent contractor. A 1099-R is for income from an annuity, pension,IRA etc. And yes, if the work performed earned her less than $600, she doesn’t have to be issued a 1099. It is not needed to file or fill out her return, if she knows the amount she received she just uses that amount.</p>

<p>Also, accounts payable should be able to answer her question. They should also be able to tell her how much she made and should report on her return if she doesn’t know the amount. If she isn’t an employee, she won’t be in their payroll system but listed a a vendor.</p>

<p>AZKMom is correct. If you are a contract employee you are a vendor not an employee, as confusing as that sounds. HR would not be managing those records. Not having a 1099 is not big deal. Just keep your own records. I have been independent on and off for over 25 years. Never did count on the 1099s.</p>

<p>AZKMom is right - accounts payable has the records.
The rule from the IRS is that a 1099 for an independent contractor is to be issued when the independent contractor earns over $600.
It could be they were not obligated to issue the 1099.</p>

<p>Even if she did not receive a 1099 she is required to tell the IRS any and all income.</p>

<p>I get a handful of 1099s. I can never figure out why some people feel they need to give them to me! In any event, I just keep track of income and expenses and file those schedule Cs. Have photocopies of all the checks you receive.</p>

<p>yes, she earned more than $600, so she needs to report it. Since in the past, she has gotten 1099s from other employers, so we expected one from this employer.</p>