IRS is after me

[Mistral]

I worked part of 2008 as contracted labor, then switched to hourly full-time. Got W2, filed taxes in good faith in Feb 2008. Got refund. Then employer sends second W2 in late March for $ earned as contract labor. Didn't know what to do about it-and life kinda pushed it out of mind.
Now IRS is after me for sizable sum. Does my employer have any kind of liability for not sending W2 by 1/31/08? Still work for the guy-don't want to raise a stink but this IRS thing could break me. Someone out there must know something about tax law-little help here?

 

[Vulcan Princess]

If you were contracted labor and not an employee, then you should have received a 1099 for the contract work, not a W-2. (Either way, as I understand it, you should have gotten it by Jan. 31.)

That's the extent of my tax law knowledge. I recommend getting a lawyer. (If you can't afford one, talk to your local legal aid society or a local law school. Perhaps someone will be able to help you more cheaply. I know the law school I go to has programs where the students will help out members of the community under the supervision of licensed attorneys.)

 

[John Picard]

Better talk to a CPA, but overall, it's your responsibility when it comes to taxes.

 

[SeerSGB]

Better talk to a CPA, but overall, it's your responsibility when it comes to taxes.

Yeah, I'm thinking the IRS is going to say he should have filed an amended return (1040X I think it is) and added the income onto the applicable return.

As for not getting the form in time: They're might say (going from a similar experience in my earlier life) that you knew you worked the hours, made the money, you should have exercised due diligence in making sure your tax obligation was taken care of.

 

[John Picard]

Better talk to a CPA, but overall, it's your responsibility when it comes to taxes.

Yeah, I'm thinking the IRS is going to say he should have filed an amended return (1040X I think it is) and added the income onto the applicable return.

As for not getting the form in time: They're might say (going from a similar experience in my earlier life) that you knew you worked the hours, made the money, you should have exercised due diligence in making sure your tax obligation was taken care of.

He still can file an amended return. Again, the best person to talk to is a CPA and not some clown at a tax service (H&R Block, Jackson-Hewett, etc). My CPA says he averages 50+ returns from those places that he has to fix every tax season.

 

[RevDMV]

+1 get a good CPA, and get out in front of this.

Once the IRS engine gets running you don't want to stand there and get hit by it.

 

[Holdfast]

There are some CPAs on this board, but I totally echo the advice of everyone else suggesting you contact one IRL ASAP. You do not want to get into a running battle with the IRS without one.

 

[SeerSGB]

And remember the KY f you have to go meet with the IRS, it'll make the process less awkward.

 

[Mistral]

I'm still listening-and thank you, thus far, for the input...

 

[farmkid]

If you were contracted labor and not an employee, then you should have received a 1099 for the contract work, not a W-2. (Either way, as I understand it, you should have gotten it by Jan. 31.)

Yes, you should have gotten a 1099, rather than a W-2. However, even if you did not get any documentation for what you earned as an independent contractor, you should have reported that money and paid taxes on it. You are liable for income tax and self-employment tax on that money. You should have filed schedules C and SE for that income. If you did, and you have documentation to support what you filed, then I think you should be okay. If you didn't claim that income, you've got a problem. As several others have suggested, you should at least consult a professional.

 

[Mallory]

Yeah, I'd recommend getting a professional involved as well. I've been dealing with the IRS since 2006 over a 2004 capital gains issue. Doing it yourself didn't work out too well for me.

 

[Danoz]

If you were contracted labor and not an employee, then you should have received a 1099 for the contract work, not a W-2. (Either way, as I understand it, you should have gotten it by Jan. 31.)

Yes, you should have gotten a 1099, rather than a W-2. However, even if you did not get any documentation for what you earned as an independent contractor, you should have reported that money and paid taxes on it. You are liable for income tax and self-employment tax on that money. You should have filed schedules C and SE for that income. If you did, and you have documentation to support what you filed, then I think you should be okay. If you didn't claim that income, you've got a problem. As several others have suggested, you should at least consult a professional.

When I did contract work I filled out a W9, so I received all of my money pretax and had to save a few hundred dollars a month for inevitably having to pay social security on that income.

If it were me, I would consult a professional (any accountants in the family?) and get some advice.