Announcement

Collapse
No announcement yet.

1099 to W2

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    1099 to W2

    I have a client employed by an American company working overseas and the income she earned as a teacher was reported on a 1099 MISC as NEC. No problem, she had expenses, so we claimed them and it offset about 40% of her income. Not a lot of income, the highest year's total was $12,000. She had earnings reported as follows:

    2004: 3,300
    2005: 12,500
    2006: 9,600

    She paid $0 federal tax and a few hundred dollars in SE tax for 2005 and 2006.

    Well, one of her Canadian counterparts complained to the IRS that their income was not NEC, but really wages because they were really employees. Long story short, IRS investigates and makes the company change the reporting of earnings. My client then receives 1099s for all three years with $0 in box 7 and W2s with the above amounts listed in box 1, 3 and 5 and nothing reported for FIT, SS or medicare.

    Really long story....sorry. I figured that once we amended all three years reporting the income as wages instead of NEC, that she will owe roughly $1,300 including federal income tax and her share of social security and medicare. How do I add social security and medicare tax to the 1040?

    Do I fill out a form 4137 and let the form figure the underpaid Social Security and Medicare? Also, I know she owes late payment penalties for the additional federal tax owed, but what about penalties on social security and medicare that was unpaid due to her employer's foul up?

    TIA---sorry about the long post, but I haven't seen a situation like this on the board.
    Circular 230 Disclosure:

    Don't even think about using the information in this message!

    #2
    When an employer gets caught treating employees as independent contractors, the IRS makes the employer pay the FICA tax that should have been withheld from the W-2 wages. All you need to do is amend the return to report the correct income tax. Don't worry about FICA, unless IRS sends you a letter asking for it.

    Comment


      #3
      that's for tips

      >>Do I fill out a form 4137<<

      No, that's for tips and unreported wages. Leave those numbers off the return completely -- there is no place to put them because the employer is always responsible for paying BOTH halves of Social Security, period. (If she wants to keep her job she might negotiate a reimbursement to the employer.)

      I would ask for verification from the IRS of how her wages were recharacterized. Theoretically she can appeal that, although it is not likely to help. However, it is possible that not all three years were actually audited. At any rate, she probably has reasonable cause for the underpayment (but she is stuck with the interest).

      Comment


        #4
        Where?

        In what country was she working? The fact that IRS seems to have accepted W-2s with no FICA tax withheld, suggests that she was paying social security taxes to the other country, and is exempt here under a totalization agreement.

        Comment


          #5
          Thanks to all

          I wasn't aware that she was not responsible for her share of SS and medicare. That is excellent news!

          By the way, she was working in Tunisia which is in North Africa, found that out after a little research on World War II.

          Thanks to all for your time and efforts.
          Circular 230 Disclosure:

          Don't even think about using the information in this message!

          Comment

          Working...
          X