Can i use form 4852 when my boss will not give w2's?

Question

i need to back file 4 years. my boss filed 1099's instead of w'2's. can i use form 4852 in filing those taxes.

Answer 1

No, you'd have to file form SS-8 to get a determination from the IRS that you shoulc have been classified as an employee.  

Answer 2

A lot of employer issue form 1099 to people so the employer does not have to pay the 7.65 percent employers share of your wages to Social Security.  Now the IRS will expect that you pay the whole 15.3 percent when you file your return.  

Answer 3

All you need to do is contact IRS (for federal tax returns)at 1-800-829-1040 for a copy of your W2/1099 information(wage information transcript).  Or call the phone number listed on the letter if IRS sent you one requesting that you file.

Or visit your local IRS office(take a picture ID with you for identification) for the w2/1099 (wage information transcript)

Answer 4

Check out the form 8919 which lets you report wages which have not had ss & medicare withheld or matched by the employer.  A lot of firms try the 1099 to get around paying unemployment and workers comp and half the social securtiy and yada.  The IRS is going to be really concentrating on correcting these mistakes and collecting the unpaid taxes due.  

Answer 5

You need to file an SS-8, a request for determination of employer/contractor status, with the IRS.  Once that's done (whether or not you receive a reply), you CAN file using a form 4852, and forms 4137 (form 8919 in recent years) to pay the employee share of the social security taxes on your wages.  It's possible that your "employer" could legitimately claim you're an independent contractor, though, in which case you'd need to file using Schedule C.

Form 8919 is the appropriate form, if you were really an employee, but, before that form was created, the IRS accepted form 4137 to report the appropriate employee share of the social security and medicare taxes that should have been deducted from your paycheck.

Answer 6

So how did you file your tax returns?  Did you file returns or not?  If yes, did you report this income or not?  Did you get the idea somehow that you didn't have to report the income?