Employer Won't Send Client Her 1099-misc

[belle22]

My Client Is A Single Mother Who Would Qualify For Eic And Definetly Needs The Money But She Does Not Seem To Be Able To Get A 1099 From Her Employer. What Can She Do?

[JohnH]

In the final analysis, the presence or absence of a 1099-misc doesn't really matter. It's nice to have for verification of the amounts and it's helpful to know that the Schedule C equals or exceeds the amounts reported on all 1099's, but the basis for the gross income on a Schedule C should be the self-employed person's own records.

[BOB W]

My Client Is A Single Mother Who Would Qualify For Eic And Definetly Needs The Money But She Does Not Seem To Be Able To Get A 1099 From Her Employer. What Can She Do?

Does she have any record of what she earned in 2009? If so, report that info.

It would be nice to have it to prove the income if EIC is envolved. Reporting income is the TP obligation.

ADDED: John > what a coincidence> posted at the same time..

[belle22]

She Is A Terrible Record Keeper And Has No Idea What Her Income Was.

[BOB W]

What type of work does she do? And how does she get paid > Cash or Check? Is she still working for the employer?

[belle22]

She Is A Massage Therapist. She Does Not Work There Any More. She Was Paid By Check But There Was No Ytd Totals On Her Check Stubs.

[Jiggers]

1099?

My Client Is A Single Mother Who Would Qualify For Eic And Definetly Needs The Money But She Does Not Seem To Be Able To Get A 1099 From Her Employer. What Can She Do?

Employers issue W-2's to employees, not 1099's.

[taxdude71]

Did she deposit her checks in the bank or just cash them? If she deposited them, go off of the bank statements.

If not, good luck. Maybe you can get the employeer to talk to you.

[Snaggletooth]

Tip of the IceBerg

She Is A Terrible Record Keeper And Has No Idea What Her Income Was.

Belle, you are only dealing with a small part of the big picture. Because if she can't keep records well enough to know what her income was, then how is she going to have enough records to tell her what her deductions are, and God forbid she ever get audited and then must substantiate her expenses.

[RitaB]

Iceberg and Lettuce

Belle, you are only dealing with a small part of the big picture. Because if she can't keep records well enough to know what her income was, then how is she going to have enough records to tell her what her deductions are, and God forbid she ever get audited and then must substantiate her expenses.

Yeah, and how does she know she qualifies for EIC, if she has "no idea" what her lettuce was?

Edit: Wow, a massage would be so great right now.

[belle22]

Her Only Expense Is Uniforms. Sorry I Used The Term Employer.

[belle22]

Sorry I Used The Term Employer. Her Only Expense Was Uniforms. She Is Going To Try To Use Bank Statements To Come Up With A Total.

[BOB W]

The burden is on her to report the income, not you. All you can tell her is to review her banks statements for deposits and to get back to you when she has a number. If YOU chose, have her bring her bank statements to you. If she doesn't have them, she needs to order them from the bank.

Since this is an EIC return, without some proof of income I would not complete the return.

[JohnH]

I'd give her a worksheet and make sure she signs off on every item of income and expense that she lists. I'd probably also ask for copies of her bank statements to confirm some of the info in general terms. Of course, if there's much EIC involved, I'd probably hand it all back to her with an apology and say I can't complete the return based on the info she provided. At least she will be better prepared when she goes to HRB or JH.

[BHoffman]

Can you refer her to VITA? They are specially trained by the IRS to deal with EIC returns and are not subject to the Cir 230 requirements (or penalties).