
Independent Contractor Misclassification Form


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FAQs
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I just joined a startup after being told that it is stable and find that salaries are not being paid timely for quite some time. What do I do?
I can speak from firsthand experience with this.First, I would demand the salary owed that they promised to pay and if not paid, I would quit - immediately. No arguments, no acrimony. Just leave. I would also refuse to turn over any code you wrote that you hopefully have stashed in a private Github or Gitlab or Bitbucket repo branch of the company’s project (assuming this is a tech startup) until you were paid in full the wages you’re owed. The startup people that stiffed you aren’t going to make good until they’re forced to. In the meantime, you can’t keep utilities on, a roof over your head, and food on the table on nothing but words of smoke. Grocery stores, landlords and utility companies don’t accept karma points as payment in lieu of money.Second, if they had you fill out an I-9 form instead of a W-2, I would then file a Misclassification of Employee form with the IRS. It may take them some time to make a determination on whether or not you were hired as an independent contractor when you should have been hired as a W-2 employee instead. What usually determines this is the degree and level of control you had over how the work was to be done.Third, after you finally hear back from the IRS, you then file a complaint for wage theft with the Labor Board. If that startup tries to file bankruptcy, any assets or money they have will have to go to pay unpaid employees before anyone else.It is also worthy to keep in mind that startups that stiff their workers - whether those workers are hired as 1099 independent contractors, or as W-2 employees - scare away current and potential future investors.But don’t wait for the IRS and Labor Board to resolve your claim - this could take many months. Move on and try to get paid work elsewhere while the wheels of justice slowly inch along. -
How do you fill out a W2 tax form if I'm an independent contractor?
Thanks for asking.If you are asking how to report your income as an independent contractor, then you do not fill out a W-2. You will report your income on your federal tax return on Schedule C which will have on which you list all of your non-employee income and associated expenses. The resulting net income, transferred to Schedule A is what you will pay self-employment and federal income tax on. If this too confusing, either get some good tax reporting software or get a tax professional to help you with it.If you are asking how to fill out a W-2 for someone that worked for you, either get some good tax reporting software or get a tax professional to help you with it.This is not tax advice, it is only my opinion on how to answer this question. -
Does a NAFTA TN Management consultant in the U.S. still need to fill out an i-9 form even though they are an independent contractor?
Yes.You must still prove work authorization even though you are a contractor. You will fill out the I9 and indicate that you are an alien authorized to work, and provide the relevant details of your TN visa in support of your application.Hope this helps. -
How should an F-1 student independent contractor fill in 8233 form?
The top of the form explains:If you are a nonresident alien individual who is receiving compensation for independent personal services performed in the United States and you are the beneficial owner of that income, then use this form to claim a tax treaty withholding exemption for part or all of that compensation.On the other hand, if there is no tax treaty between the individual’s country and the United States, then there is no need to complete this form.https://www.irs.gov/pub/irs-pdf/...https://www.irs.gov/pub/irs-pdf/...Also, are you certain an F-1 student is legally allowed to work as an independent contractor? You may want to talk to your school about whether that is allowed. -
When you start working as an independent contractor for companies like Leapforce/Appen, how do you file for taxes? Do you fill out the W-8BEN form?
Austin Martin’s answer is spot on. When you are an independent contractor, you are in business for yourself. In other words, you are the business! That means you must pay taxes, and since you aren’t an employee of someone else, you have to make estimated tax payments, which will be “squared up” at year end when you file your tax return -
What are some good places for independent contractors to fill out taxes online?
If you were simply filing employment income I would entirely agree with Ms. King’s response. Congratulations you are officially an entrepreneur! Considering only 5% of taxpayers are successful in venturing out on their own on the first try, you have a steep learning curve ahead. As you have been operating as a contractor your tax situation is now more complex.If you have access to a professional for advice, you might try doing it yourself via TurboTax. But I would counsel against that as, in all probability, you are not intimately familiar with the ins-and-outs of what you may or may not deduct as legitimate expenses, and how to compile your information in a manner that meets the reporting and organizational requirements of record keeping (as well as how to store and keep those records according to the Income Tax Act.It might cost a bit more initially to find a compatible tax preparer, I think it worth it the long run. I highly recommend it, especially if you find someone who will represent you for the year not just to prepare your taxes for that year. Build a relationship, just as you should do with your bank, its essential to your success. -
Which GST form should I fill out for filing a return as a building work contractor?
You need to file GSTR 3b and GSTR 1 ,if it government contract make sure to claim INPUT for TDS deducted amount. -
As an independent contractor, do I still need to submit a 1040 if I filled out a 1099 for my payer?
You did not “fill out a 1099.” The businesses that paid you may be required to provide you with a Form 1099-MISC documenting how much you were paid. A copy of that goes to the IRS and possibly your state Department of Revenue and they will be looking for that income on your tax return.The law requires you to keep accurate business records and to use those records to prepare and file your tax returns. Use any 1099s as a sanity check that the numbers are correct and get them corrected if they are not.As a self-employed business, you file a Form 1040 return and attach Schedule C to report the business revenue and expenses. If the net profit is $400 or more, you attach Schedule SE to figure the 15.3% self-employment tax.From the way that your question is worded, you need professional assistance and you need it now. Find a CPA or EA who can get you on track. -
Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does provide all the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative. You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions: How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... < Caution-https://www.facebook.com/help/16... > Answers to frequently asked questions: - Soldiers and their loved ones are not charged money so that the Soldier can go on leave. - Soldiers are not charged money for secure communications or leave. - Soldiers do not need permission to get married. - Soldiers emails are in this format: john.doe.mil@mail.mil < Caution-mailto: john.doe.mil@mail.mil > anything ending in .us or .com is not an official email account. - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide – family and friends do not need to pay their medical expenses. - Military aircraft are not used to transport Privately Owned Vehicles. - Army financial offices are not used to help Soldiers buy or sell items of any kind. - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops. - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country. Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you. We would urge you to immediately cease all contact with this individual. For more information on avoiding online scams and to report this crime, please see the following sites and articles: This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/< Caution-https://www.army.mil/article/61432/> CID advises vigilance against 'romance scams,' scammers impersonating Soldiers Caution-https://www.army.mil/article/180749 < Caution-https://www.army.mil/article/180749 > FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx< Caution-http://www.ic3.gov/default.aspx> U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130...< Caution-https://www.army.mil/article/130...> DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450...< Caution-http://www.army.mil/article/1450...> Use caution with social networking Caution-https://www.army.mil/article/146...< Caution-https://www.army.mil/article/146...> Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ < Caution-http://www.army.mil/faq/ > or visit Caution-http://www.cid.army.mil/ < Caution-http://www.cid.army.mil/ >. The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot provide this information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct; (571) 305-4056. If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... < Caution-https://www.dmdc.osd.mil/appj/sc... > . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not. If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is: Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357 In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately. Please submit all information you have on this incident to Caution-www.ic3.gov < Caution-http://www.ic3.gov > (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov < Caution-http://www.ftc.gov > (Federal Trade Commission's website)
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