October 25, 2023

What Happens If Your Employer Doesn’t Send You a 1099?

What Happens If Your Employer Doesn't Send You a 1099?: A blank Form 1099-MISC on the background with a pencil and calculator sitting on top of it

If you’ve been working as an independent contractor or freelancer, you’re probably familiar with Form 1099 — an essential document for tax reporting. What happens if an employer does not send you a 1099? 

In this blog, we’ll explore the basics of the form, why you might not receive one, and what to do if your employer never sends it. We’ll also discuss scenarios where an employer intentionally withholds this crucial document and provide tips to avoid common pitfalls.

Let’s begin!

The Basics of Form 1099

To better appreciate the implications of not receiving a 1099, let’s learn the basics about the IRS form.  

Form 1099 is a tax document used to report various types of income, primarily income that isn’t salary or wages. If you’re an independent contractor, freelancer, or you receive rental income, your clients or payers are required to provide you with a 1099. There are several types of Form 1099, such as 1099-NEC for non-employee compensation and 1099-MISC for miscellaneous income.

Why You Might Not Get a 1099

Understanding why your employer never sent 1099 is essential to accomplishing your tax reporting duty as an independent contractor or freelancer. Some of these scenarios include: 

Reporting Threshold

Employers are obligated to issue a 1099 when they’ve paid you $600 or more during the tax year. If your earnings from a specific client fall below this threshold, they are not legally required to furnish you with a 1099.

Employer Oversight

Occasionally, the absence of a 1099 is due to an innocent oversight by your employer. Smaller businesses, in particular, might find themselves overwhelmed with numerous responsibilities, leading to unintentional omissions in sending out the forms.

Incorrect Information

In cases where your employer lacks accurate contact information or your Social Security Number (SSN), they may encounter difficulties providing you with a 1099.

Employment Misclassification

Some employers deliberately misclassify workers as employees instead of independent contractors. They do this to avoid their responsibility of issuing a 1099.  Note that such misclassification is not only incorrect but also illegal.

What Happens If Your Employer Never Sent a 1099?

If your employer didn’t send you a 1099, don’t panic. You can still report your income to the IRS. Use your records, including invoices and payment receipts, to determine your earnings. Then, report this income on your tax return. It’s important for you to be accurate and honest about your income to avoid potential issues with the IRS. 

Not receiving a 1099 doesn’t exempt you from your tax obligations. You’re still responsible for paying income tax on the earnings you received, whether or not you have the physical form.

What If My Employer Doesn’t Give Me a 1099 On Purpose?

Intentionally withholding a 1099 is illegal on the part of the employer. If you suspect your employer is purposefully not providing you with a 1099 to avoid their tax responsibilities, you should take action. Here’s what you need to do: 

Reach out to your Employer

The first step is to contact your employer and request the 1099. Sometimes, this can be resolved through communication.

Report to the IRS

If your employer refuses to provide the 1099, you can report them to the IRS. The IRS has procedures in place for handling such situations and can take action against non-compliant employers.

File Form 4852

If all else fails, you can file Form 4852, a substitute for Form 1099. This form allows you to report your income and estimate the taxes owed.

Maintain Documentation

Keep thorough records of your income and communication with your employer, in case you need to prove your case to the IRS.

Avoiding Common Pitfalls

To ensure a smooth and compliant tax reporting process, you need to be aware of common pitfalls and how to avoid them. Here are key tips that will help you stay on the right side of the IRS and prevent issues with uncooperative employers: 

Keep Detailed Records

Your first line of defense is keeping detailed records of your income, including invoices and payments received. These records not only assist in accurate tax reporting but also serve as freelance proof of income and evidence if disputes or discrepancies arise.

Double Check Information

Verify that your employer possesses accurate information about you, including your Social Security Number (SSN). Ensuring this data is correct can prevent hiccups in the delivery of your 1099.

Educate your Clients or Employers

If you work with multiple clients or employers, it’s a good practice to educate them about their obligation to issue a 1099 when your earnings exceed $600. This proactive approach can help foster transparency and compliance within your professional relationships.

Wrapping Up

While not ideal, the absence of a 1099 form from your employer is manageable. You can ensure your tax reporting remains accurate and in compliance with IRS regulations by taking proactive steps and being diligent in your record-keeping. 

However, it’s crucial to point out that tax matters should not be taken lightly. If you suspect your employer is intentionally withholding a 1099, do not hesitate to contact the IRS and take the necessary steps to protect your rights.

If you found this information valuable, imagine the peace of mind that comes with comprehensive financial knowledge. Explore our resources and tools to empower your financial journey. Don’t wait—start now and secure a stable financial future for yourself!