Employee Treated as Self-Employed

[Burke]

Here's a wrinkle on this situation. TP has received 1099MISC from employer for last several years. TP confronted employer regarding this treatment and employer agreed to treat as employee going forward (2016, and future.) So, does TP have any recourse for filing 2015? Form 4852 refers only to missing or incorrect W-2 and/or 1099R. Would this fall under that treatment? TP actually got 1099MISC which we would have to account for. Or should we file Schedule C-EZ and then amend later?

SS-8 instructions state to file 1040-X for prior years, which we can do. Is SS-8 necessary since employer has admitted being in the wrong? I thought if is determined that this is the case, the employer would be responsible for paying both the employee and employer portion of FICA taxes for past years. Correct? Since TP paid SE tax, then it appears only recourse to refund is via 1040X.

[Lion]

Form 8919. But, the employer will probably be contacted and not be happy. Does your client want to keep his job? Let your client make the call.

[taxea]

Form 8919. But, the employer will probably be contacted and not be happy. Does your client want to keep his job? Let your client make the call.

Once your client gives you the go-ahead file a 1040x for each year and include the 8919. Reimbursement of SE should be responsibility of employer.

[Burke]

Form 8919. But, the employer will probably be contacted and not be happy. Does your client want to keep his job? Let your client make the call.

Thanks. I knew (or thought I knew) there was another form but couldn't find it!