Tax Question - Missing 1099 from Company That Closed?

Updated on February 11, 2012
J.B. asks from Boston, MA
10 answers

For anyone who has been self-employed...have you ever NOT gotten a 1099 for work that you did? My husband worked for a company for 4 months that closed. I don't know if they filed for bankruptcy but the company no longer exists. He did not get a 1099 for that work. He e-mailed the owner at the last good e-mail address that he had for him and hasn't heard anything back. Can we just file and not report this? Or are we on the hook for reporting the income even though we don't have an accurate 1099? Obviously it would benefit us to not report the income, but I don't want this to bite us in the butt if the old company ends up reporting his income when it does its taxes.

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So What Happened?

Thanks everyone - we'll do a best estimate of income based off of check stubs and deposits and then the tax accountant handle the rest. What a pain. With our luck, the shady guy who managed the former company will get around to filing later in the year and will over-report what he paid out to his contractors.

Featured Answers

J.W.

answers from St. Louis on

I know you have to report it or potentially be smited by the IRS. I do not know where you can get the information externally.

If you worked for the company in 2010 you should have the information needed to recreate the 1099. You know how much you were paid, you know how much was withheld if anything, and if you worked for them last year you know their tax id number.

Understand to the IRS saying you didn't get a 1099 is like saying to the cop you didn't see a speed limit sign. Neither will have compassion for you.

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M.C.

answers from Washington DC on

*I'm not a tax pro...

Legally, they should have provided something.

Do you have your pay stubs/info from the company? You could use those for your documentation support. I've done that before.

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J.P.

answers from Lakeland on

Use the pay stubs and report how much he made and pay the estimated taxes from that. If you don't do it now you will have to do it later and the IRS can and will charge late fees (they add up quick). Do you have an accountant do your taxes? They should be able to help you with this. You may want to consider getting one at least to file this tax return.

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D..

answers from Charlotte on

Added: Jo, I love the word "smited"! Bahaha!

Original:
I think I'd pay the fine if you get contacted later in the year for this, rather than report income that they have no 1099 to match up against. Maybe Jo W. can give you her considered advice - she knows a lot about taxes.

Dawn

1 mom found this helpful
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B.E.

answers from New York on

Definitely report the income. Even if the company doesn't report from their end, you never know when you might get audited - unlikely, but it does happen. An audit would uncover the income and you would get zapped with penalties.

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J.S.

answers from Hartford on

Of COURSE you have to report it, unless you want to be audited. Even if that company doesn't file your husband still should. Two wrongs don't make a right.

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B.R.

answers from Madison on

well I think you know the answer to this foolish question...but no you can't just NOT report it...use your pay stubs and report the income you were paid for...if you can't mysteriously find your paystubs then request your bank statements so you can do the long process of finding all of the deposits for what you were paid.

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G.B.

answers from Oklahoma City on

I think that the employment office can pull up records of his employment for that quarter. I would start there, then call the IRS and ask them, they may have all the info you need.

I have had to go to the employment office and get a report of my income for the last 4 quarters when applying for medical assistance through our local hospital social services program for the free clinic. It shows who I worked for, their federal tax ID, how much I earned, what taxes were paid, etc...they may not do them anymore but they should have access to some sort of data base for those filing for unemployment. They company has to be there somewhere with their information about employees.

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A.V.

answers from Washington DC on

I would call the IRS's tax payer help line. If your DH invoiced them properly, he should have record of his hours and pay that he can use to support his claimed income without the 1099. I would not skip it.

Our tax preparer mixed up DD's SSN and we got nasty grams from the IRS. So long as you prove your case (should you get one of those notes), you should be fine.

M.P.

answers from Boston on

If he made over $600 it needs to be reported; less than $600 there should be no problem. You can verify this with the IRS.

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