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Level 3
March 14, 2023
Solved

Form 8919-T

  • March 14, 2023
  • 4 replies
  • 27 views

Good afternoon,

I have a client that got injured on the job, while working as an independent. contractor. I file for 8919-T to report the uncollected SS and Medicare tax on wages. Would I need to report the income on a schedule C.

Please advise.

This topic has been closed for replies.
Best answer by qbteachmt

It's called Worker Misclassification:

You must file Form 8919 if all of the following apply. You performed services for a firm. You believe your pay from the firm wasn't for services as an independent contractor. The firm didn't withhold your share of social security and Medicare taxes from your pay.

In other words, your taxpayer didn't get Wages. That's why nothing is withheld. An independent contractor is responsible, as they are running their own business, for all of that. Or, the arrangement was a lie, and the taxpayer was working misclassified.

4 replies

Just-Lisa-Now-
Intuit Community Champion
March 14, 2023

Im not sure what the 8919 is for in this situation.  What uncollected SS/Mdcr?   

If shes an independent contractor Sch C is whats used to report business income and expenses for self employed people.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
mandre007Author
Level 3
March 14, 2023

Lisa,

I understand, but once i entered the wages, the software calculates the tax liabilities.

Skylane
Intuit Community Champion
March 14, 2023
The question for an 8919T is was he an employee or contractor…. i assume he received a 1099-nec so the IRS is going to be looking for a sch C. The injured on the job IMPLIES he may be trying to collect (state) benefits that are only available to employees….Theres obviously more to the story if you want to provide details.
If at first you don’t succeed…..find a workaround
mandre007Author
Level 3
March 14, 2023

He is technically an employee that did not receive a 1099. He got injured on the job and his lawyer suggested for him to fill out the 8919 - T to report his wages in order to receive workman's compensation.

qbteachmt
qbteachmtAnswer
Level 15
March 14, 2023

It's called Worker Misclassification:

You must file Form 8919 if all of the following apply. You performed services for a firm. You believe your pay from the firm wasn't for services as an independent contractor. The firm didn't withhold your share of social security and Medicare taxes from your pay.

In other words, your taxpayer didn't get Wages. That's why nothing is withheld. An independent contractor is responsible, as they are running their own business, for all of that. Or, the arrangement was a lie, and the taxpayer was working misclassified.

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mandre007Author
Level 3
March 14, 2023

In this case, will the 8919 suffice without filing a schedule C. Or do I need to file the schedule C?

qbteachmt
Level 15
March 14, 2023

"Or do I need to file the schedule C?"

You still have this confused.

Your taxpayer either is an independent contractor, would file a tax form for their business (in this case, Sched C for Sole Proprietorship), and that would result in their business income and any amount subject to Self-employment taxes, which is Medicare and Social Security, is figured out from the Sched C, on the Sched SE. Done.

Or, you think your taxpayer really is supposed to be on payroll as an employee, a direct hire person and that you and that taxpayer are essentially accusing the Employer (your taxpayer's customer, really), of Lying and manipulating, or, at the least, being completely uninformed of Worker Misclassification. If so, you and your taxpayer intend to tell the IRS and turn the employer in for doing it wrong. That is Form 8919.

Don't do what a lawyer tells you, because the Lawyer is not responsible for Tax Filing. You do what applies.

Tell the lawyer, if the taxpayer really was an independent contractor, the lawyer should be pursuing a Law Suit. Because that's what the lawyer does for a living. Not taxes.

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Skylane
Intuit Community Champion
March 14, 2023

The attorney is trying to make a case for workers compensation. 

Filing the 8919 will create the tax.  The tax must be paid so you do not have to file sch C (I'm assuming that he didn't file one in the past).Did the attorney file an SS8?   

Check with the attorney before filing so that you are both on the same page.

The attorney should give you guidance. 

If at first you don’t succeed…..find a workaround
qbteachmt
Level 15
March 15, 2023

"The attorney is trying to make a case for workers compensation."

Which is neither Social Security nor Medicare. That is typically Worker Comp through insurance (independent or a State Fund program).

The attorney is first trying to get everyone to tattle on everyone else. There is no evidence that is even an issue, at this time. Worker Misclassification is its own issue to determine.

Don't yell at us; we're volunteers
Skylane
Intuit Community Champion
March 15, 2023

@qbteachmt  “The attorney is first trying to get everyone to tattle on everyone else”

Every state has laws protecting “employees.”  The definition of employees is broad. IF, for example, an undocumented worker, who gets paid in cash, falls off a roof and suffers serious injury, the injured worker still has rights in the eyes of the state.

OP indicated No w2 or 1099 was issued. The state department of labor will ultimately deal with the employer. It is the attorneys job to establish that the injured worker should have been “considered” an employee and protected by the workers comp statute.

The employer will have a workers comp policy. it’s a statutory requirement.The attorney will file petition in work comp court to get coverage under the policy.  Filing a correct tax return to support the position is part of the process. 

If at first you don’t succeed…..find a workaround