My husband is a laborer. He received truck pay on one of his jobs. It's listed on his paychecks but not taxed. He received a 1099 Misc rents. He doesn't own a business. He was an employee in which this company paid employees truck pay if they used their truck on the line. How is that reported? ==========>>>>>>>>>>your husband needs to contact the employer;employer needs to issue himw2 not 1099; aslongas he works the hours that they assign and using their equipment, he should be treated as an employee, have taxes withheld and be issued a W2 at the end of year.One option is to file an SS-8 with the IRS and have them determine whether or not he is a contractor or employee. Unfortunately, people who turn their employer in to the IRS have a tendency to get fired even when the employer is breaking the law.
Before filling out any forms, the employer needs to make the decision if your husband is an employee or an independent contractor. If the employer gives employees a 1099 when heshould have provided W-2s, he may be audited to reclassify his workers. The law requires him to determine how much control he has over a worker. The more control he has over a worker, the more likely the worker is an employee and not an independent contractor. Employers issue 1099 to employees to avoid paying soc sec taxes.to sum it up,Unless you are an an IC, you get a W-2 and not a 1099 as an employer can’t give a regular employee an Form 1099 for the work the employee performed
Do we have to report it on Sch C when he isn't a business. he never had to turn in expense receipts. It was just extra money to use his truck rather than the company truck.========>>>>>>>>>>>>>>>unless the employer corrects and gives him w2, your husband needs to report it on sch c and he may have to pay estimated taxes on 1099 income since your husband is required to report the 1099 income on his taxes. If hehas the final paystub detail, he in theroy has enough to file. he just may indicate he did not receive a W-2 |