What to do if I work for a individual as a independent contractor but have not received my 1099?

UPDATED: Feb 21, 2015

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What to do if I work for a individual as a independent contractor but have not received my 1099?

I was required to fill out a 1099 Misc. last year. This past year worked a full 12 months for my employer but he has not given me a 1099 after I asked him repeatedly for several weeks. I was told to go ahead and file my wife’s W2 and do an amended return once I do get my 1099. However, I seriously doubt that I’m getting it. I have 8k in job related expenses that I would like to write off but I’m worried about having issues with the IRS. What can I do on my end to cover my tail?

Asked on February 21, 2015 under Business Law, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You should still report the amount you earned on your tax return (failing to do so will probably trigger an audit). What you can do is to once again contact your employer to request your 1099-R. If you still don’t receive it within a reasonable amount of time, you have 2 options: call the IRS at 800-829-1040 and give them all requested information (payer's name, amount earned, etc) or file Form 4852: Substitute for Form W-2, Wage and Tax Statement, or Form1099-R (attach it to your return and write an explanation explaining your efforts to obtain your 1099).

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