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EcoLogic7007
Level 1

Short term employee

Hello.

I hired a young man who didn't last very long and left on bad terms. I was never able to get him to complete his W-4 and I did not withhold anything on the few paychecks I gave him. How do I report his income now?

I wouldn't think a 1099 would work. Is it possible to file a W-2 for someone when you did not receive a W-4?

2 Comments 2
MirriamM
Moderator

Short term employee

Hello there, @EcoLogic7007.

 

I want to ensure that you're getting the best help available for your question. 

 

In situations like this, since your employee wasn't able to file the W-4 form (Employee Withholding Allowance Certificate) that needs to be filled out by the employee, I'd recommend contacting the IRS. They're the ones who will give you instructions on what type of form to file. Because if you file 1099, you'll have to complete Form W-9 prior to doing work for you.

 

To learn more about the difference between 1099 and W-2, visit this article: Year End Focus on 1099s and W-2s.

 

Feel free to join us again here if you have other questions. We are just a post away! Have a great day.

Rainflurry
Level 13

Short term employee

@EcoLogic7007

 

Sounds like you had a tough situation there.  Here's what the IRS says:

 

If an employee fails to give you a properly completed Form W-4, you must withhold federal income taxes from his or her wages as if he or she were single or married filing separately with no other entries on step 2, 3, or 4 of the Form W-4. This means that a single filer's standard deduction with no other entries will be considered in determining withholding.

 

So, you still need to pay the withholding and FICA on the wages you paid the employee.  You may not be able to issue a W-2 to this person but that doesn't relieve you of the requirements to pay the taxes that should have been withheld during their period of employment.

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