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Level 2
February 22, 2020

Can Non-statory Employee file Scheducle C?

  • February 22, 2020
  • 2 replies
  • 16 views

Client W2's Statatory Employee Box not checked on his W2.  Can client file a Schedule C without Income?  He still needs to claim his DOT Meals Expense.

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    2 replies

    Just-Lisa-Now-
    Intuit Community Champion
    February 22, 2020

    No.  Those would be unreimbursed employee business expenses which used to be able to be included in miscellaneous itemized deductions until 2018 when TCJA took those away.

    Some states still allow for the misc itemized deductions, the button to enter them is at the bottom of Sch A

    ♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
    Level 2
    February 22, 2020

     Statutory Employee Box should have been checked, according to the Tax Payer.  Does he have any recourse?  He no longer works for the company.

    qbteachmt
    Level 15
    February 22, 2020

    The employer should issue a corrected W2.

    Don't yell at us; we're volunteers
    qbteachmt
    Level 15
    February 22, 2020

    An employee is not also a Sched C operator for those same services.

    Form 2106 no longer applies for Fed; the State may or may not be following the Fed regulation change.

    It is better if employees get reimbursed under an accountable plan, since they do not have personal write offs.

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