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FAQ

If you fill out a W-4 does that mean you are automatically a W-2 employee?
Only employees complete a W-4. And only employees receive a W-2. So, yes…There are very few exceptions I can think of…Wages paid to a deceased employee’s beneficiary or estate after the calendar year of the employee’s death are not reported on a W-2. (They are reported on box 3 of a 1099-MISC.) The employee would have typically completed a W-4 at hire.Wages paid to election workers for services performed in state, county, and municipal elections are not typically reported on a W-2 if the wages total less than $600. The election worker might have completed a W-4 at hire.Wages paid to an agricultural employee working on a H-2A work visa are not reported on a W-2 if the wages total less than $600. The agricultural might have completed a W-4 at hire.https://www.irs.gov/pub/irs-pdf/...
How do Hollywood actors get paid?
All Hollywood actors have to be members of the Screen Actor's Guild to perform in major productions. That means that they have to be compensated in a manner which can be audited by the guild to ensure that they are being paid fairly. This means checks, wire transfers, etc. Cash payments would not allow that to occur.Depending upon what level the performer is on there are several methods where they could be compensated:They can create an LLC (Limited Liability Company) or a corporation and have themselves paid through that. This allows them to be a private entity and can lessen their tax burden in many states. They would receive a 1099 at the end of each quarter and their business staff would be responsible for paying their taxes and withholding. These are often referred to as “loan outs.” They could, if they were bit performers, be paid normally and then receive a W-2 at the end of the year. The production company would do all of their withholding and issue them the necessary tax documentation. This method is not favored by many actors as it leaves them dependent on the production company to take care of their tax matters.Some smaller productions overseas might be willing to pay extras in cash on a daily basis. However, many producers would be loath to do this as it could cause security issues and it is a temptation for fraud and abuse.Some of the major stars receive what are term to gross points, which are percentage of the gross movie profits. These can be exceptional, especially if the film is a hit, so only a few performers will receive them. Many are promised “net profit points” which are nearly worthless as even the most profitable films rarely show a profit due to Hollywood accounting techniques.
If a company never made me fill out a W-2 or 1099, can they get in legal trouble?
For sure, there are many ways for a company to get in trouble regarding payments to contractors and employees. Failure to fill out a W-x isn't the problem but a missing 1099 is worth about $100 penalties plus some interest, rarely enforced. Why do you ask?Deliberately misclassifying employees and contractors is a criminal matter in Califoarnia right now, not sure about the rest of the world. Have you been reading about the Indian diplomat who got arrested and strip searched for not paying minimum wage? This harsh stuff gets attention. All this really depends on what your beef is. Did the miss a promised payment?
I just joined a startup after being told that it is stable and find that salaries are not being paid timely for quite some time. What do I do?
I can speak from firsthand experience with this.First, I would demand the salary owed that they promised to pay and if not paid, I would quit - immediately. No arguments, no acrimony. Just leave. I would also refuse to turn over any code you wrote that you hopefully have stashed in a private Github or Gitlab or Bitbucket repo branch of the company’s project (assuming this is a tech startup) until you were paid in full the wages you’re owed. The startup people that stiffed you aren’t going to make good until they’re forced to. In the meantime, you can’t keep utilities on, a roof over your head, and food on the table on nothing but words of smoke. Grocery stores, landlords and utility companies don’t accept karma points as payment in lieu of money.Second, if they had you fill out an I-9 form instead of a W-2, I would then file a Misclassification of Employee form with the IRS. It may take them some time to make a determination on whether or not you were hired as an independent contractor when you should have been hired as a W-2 employee instead. What usually determines this is the degree and level of control you had over how the work was to be done.Third, after you finally hear back from the IRS, you then file a complaint for wage theft with the Labor Board. If that startup tries to file bankruptcy, any assets or money they have will have to go to pay unpaid employees before anyone else.It is also worthy to keep in mind that startups that stiff their workers - whether those workers are hired as 1099 independent contractors, or as W-2 employees - scare away current and potential future investors.But don’t wait for the IRS and Labor Board to resolve your claim - this could take many months. Move on and try to get paid work elsewhere while the wheels of justice slowly inch along.
The company I work for is taking taxes out of my paycheck but has not asked me to complete any paperwork or fill out any forms since day one. How are they paying taxes without my SSN?
WHOA? You may have a BIG problem. When you started, are you certain you did not fill in a W-4 form? Are you certain that your employer doesn’t have your SS#? If that’s the case, I would be alarmed. Do you have paycheck stubs showing how they calculated your withholding? ( BTW you are entitled to those under the law, and if you are not receiving them, I would demand them….)If your employer is just giving you random checks with no calculation of your wages and withholdings, you have a rogue employer. They probably aren’t payin in what they purport to withhold from you.
Is drop shipping considered self employment?
The short version here is that what you do does not dictate if you are self employed. Being self employed is more about the structure of what you do and how you do it.An easy trigger, here in the US, is if you filled out a W-2, or a W-9. The W-9 sets you up with a company as a vendor and you are self-employed. You would usually have a business license and would have a tax ID number that allows you to buy materials and supplies without paying tax on them as they are for work.As a W-2 employee, your boss withholds taxes, supervises you, and can fire you. They may prbenefits (health insurance, paid time off, etc,). A W-2 employee can also collect unemployment if they are let go/laid off under some circumstances. Self-employed people are on their own.Hope that helps. It's a tough thing to put into words, or the Ethan the legal stuff like W-2 v. W-9.
How do I get the W-2 form from Burger King?
If you worked for Burger King and never received your W2, then get in touch with the restaurant where you worked. Some companies have an HR website from which you can print a copy and some companies will give you a phone number to call. The number is for a company that can mail you a new copy if you prthem with your name, SSN and address. Usually it is free to receive a copy.
How do I get my W2 from Burger King?
Form W-2 contains the exact amount of money paid to the employee and the amount of taxes paid on his earnings for the year. While the W-2 Form is filled out by an employer only, it is sent out to other people to inform them about the income and tax withheld.Ask this question to your employer.http://bit.ly/2NjjlJi
My employer made me fill out a w-9 he pays me by the hour and with holds taxes from me this isn't legal is it either he needs to have me fill out a w2 or not with hold taxes am I correct about this?
Think of the W-9 as a vehicle between a pay provider or a vendor and an independent contractor. When a W-9 is involved, we typically do not use the terms "employer" or "employee". Rather we use the terms vendor and independent contractor. If you have filled out a W-9, then the person paying for labor sees the worker as an independent contractor, not an employee. In this case you get a 1099-MISC and not a Form W-2 at the end of the year. (People and companies that pay for labor often prefer to pay workers as independent contractors, instead of as employees, because the payor does not have to pay employment taxes or prother benefits.) If you fail to fill out and pra completed W-9 when one is requested of you, then the person paying for labor is required to hold back part of the pay to the independent contractor (mandatory back up withholding). However, if you have provided a signed W-9 back to the person paying you, then you are correct, the payor should not be withholding anything (unless you have more than one single status as a worker for this company?) If you have filled out and returned only a W-9 to the person who pays you, and know for sure you have not also filled out a W-4 (to be treated as an employee and later receive a W-2), and you can also produce paycheck stubs that show withholding for Social Security and Medicare, state taxes (FICA, MED, etc.), then you should raise this issue with your tax preparer and ask if you should consider filing a Form SS-8 when you complete your tax return. Better yet, print out and bring a Form SS-8 into work now, and ask to speak with someone in human resources, personnel, or the accounting office at the company about that Form SS-8. An SS-8 form should sufficiently scare the bejesus out of the company. If some foul play is at work here, the concern over a Form SS-8 will make people sit up and pay attention. If it is something else (like some of your work is as an employee and other more independent projects are paid out to contractors instead of employees,) then an SS-8 will still be effective... the person paying for labor will go out of their way to then be as clear as possible in explaining their actions. Two final thoughts: 1) Remember, it does not matter what they are doing or not doing, or whether it is legal or questionable. It only matters what you can demonstrate or prove. If you don't get real, live paychecks or at least a stub or advice of deposit that shows withholding, then it will be difficult for you to demonstrate what has or is happening. 2) Sit with a professional tax preparer this coming tax season - and just pay for the service. If you've never seen or filled out a Form SS-8 before, now is not the time to venture it on your own. I can probably figure out how to change the oil in my car by myself. I go to a mechanic for an oil change for a reason.