Follow
Share

After hurricane Irma, the agency folded. The clients son pays me directly now. I worked for them all of 2016 and 2017, then agency shut down. Now their POA son pays me. When tax season comes I don't know how to file cause I was use to getting a form from the agency each year-A 1099..So I don't know what to do this year?

This question has been closed for answers. Ask a New Question.
If you were getting 1099s from the agency, you were probably classified as a non employee of the agency- an independent contractor. I'll bet your new employer views you the same way.

Your status should have been covered in the contract. Did he pay you more than $2100 in a year? Does he decide what work you do and how it is done? Then he is an employer and you are an employee- not an independent contractor.

In any event, he either has to generate a 1099 for you or get himself a Federal Employer ID and withhold taxes from your pay and contribute to Social Security for you. And give you a W2 so you can file your taxes. It's a little harder to set up but in the long run it is better for him and for you if this is done properly.
Helpful Answer (0)
Report
Dwolff Aug 2018
The POA( which is their son, pays me weekly, I work 40 hrs a week, weekends off, he claimed me for the last week of October(which is when agency closed down)November,and December of 2017, ive never received a 1099 for thoose months, only the prior months from the agency which i did pay taxes on..I have no idea how to file or what to do, he doesn't have much contact with his parents at all,,hes a stuffy busy DR. I meant he put the agency and put my name for the months agency shut down and he got a right off for home care and his medications and his wife which i take care of both, they got a huge return cause it came in the mail and i deposited for them,
(1)
Report
See 1 more reply
Like Marcia said, if a 1099 you wete considered a private contractor and you should pay your own taxes. But...SS should have been taken out by the agency since they have to match what you pay. This should have been done by the POA too. Hope he paid by check so you have a paper trail. You may want to consult a CPA.
Helpful Answer (1)
Report
anonymous594015 Aug 2018
I think independent contractors have to pay the entire Social Security contribution themselves. Different states have different laws but agencies are classifying people as independent contractors because they don't have to pay for unemployment insurance, workers compensation or contribute to Social Security for them. It's actually tax fraud to call an employee a contractor but it isn't enforced very often.
If you hire someone to work in your home through an agency, it would be a good idea to verify- in writing- that they are covered by workers compensation. Otherwise, if they are injured on your property, they can sue you directly.
There is a big lawsuit happening locally because someone hired a tree service to remove a tree from the property and the worker fell and broke his back. He was an "independent contractor" of the tree service and so he can sue the homeowner for his very extensive injuries. I would not have thought about checking the employment status of the workers before I read about this incident. The homeowner is, in turn, suing the tree service. What a mess!
(0)
Report
Sounds to me that you would be considered self-employed. Gather all info you can on monies you've been paid since you last paid taxes and get yourself to a tax consultant immediately. Start saving cash because as a self-employed person, you may have to start paying taxes quarterly - depending on how much you are earning. I am a sole proprietor of a freelance copyediting and proofreading service (Florida) and have filled out 1099s for clients I do a lot of business with (I also have a full time regular job). Because the freelance income is only several thousand annually, I do not have to pay quarterly taxes. But if it was my sole income, I would likely have to. Bottom line is you need professional advice immediately, but to make the most of your first appointment, which will be an out-of-pocket expense for you (and maybe deductible), get your paperwork in order first and calculate the amount on which you will likely owe tax, Medicare, SS and your own health insurance, if you have it. Good luck.
Helpful Answer (1)
Report

Dwolff, Don't panic. If you were getting a 1099 from the agency when you worked there, they were probably in the wrong and should have been sending you a W-2 as their employee as well as withholding and paying your taxes and matching your Social Security. If you worked for the agency as an independent contractor, they didn't withhold taxes for you, and you filed your taxes as self-employed, then you already have an idea of how much taxes you will owe, although it will probably be less this year, with the new tax rates (Hooray for our President for championing that!)
Whether Mr Busy Dr gives you a 1099 or not, you are supposed to report your income and pay taxes, including Social Security. The SS you pay in now determines how much you will collect when you retire or become disabled, so that's important.
You may want to talk to your employer about your employment status and tax reporting. There are advantages to being an employee: Your employer pays half your Social Security and Medicare taxes, for one thing. And he may be required to pay for unemployment if your job ends.
Helpful Answer (1)
Report

I’m a in home caregiver who is paid directly From the person I take care of. I have an accountant who helps me with tax issues. I pay quarterly federal & state income tax. I also make payments to social security and Medicare. Find yourself a good accountant, mine has helped me so much.
Helpful Answer (3)
Report

When you were working for an agency the taxes were taken out.
Working on your own you will have to pay the taxes UNLESS the person has had you fill out the necessary paperwork indicating that they will file the proper paperwork.
If you have not filled out the paperwork then you are responsible. When you have your taxes done the person that prepares the taxes will do that. If you are doing this all on your own and will have your own "business" then you might have to pay quarterly taxes but for that I think you might have to have a business license. You really should consult with a tax specialist. (I do not use them but the programs that are sold at tax time might figure this all out for you as well. )
Helpful Answer (1)
Report

Your best bet would be to hire a CPA.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter