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Posted

I have a young niece who got her first job after high school as a receptionist for a doctor.  The doctor 1099 her even though she is obviously an employee. Not understanding the tax implications she now owes 6-7k in taxes if she files as an independent contractor.  Seems like there's no money to be made by an employment lawyer and she has no idea how to proceed.  Does she just report the misclassification to the IRS, the texas workforce commission, someone else?  Any advice would be appreciated, she plans on quitting as soon as she can find something else.

Posted

Sucks for her, because you obviously don’t 1099 a receptionist, but what outcome are you looking for here? They just didn’t take out her taxes. Those should’ve been paid already, and they’ll have to be paid now. 

Posted

Not sure about the IRS, but she can report him to the Texas Workforce Commission. The only thing they may/can do is assess him the UI taxes he hasn’t paid and maybe interest; I don’t think there are any fines. 

She owes income taxes regardless. He just fucked her over by not letting her know he wasn’t withholding. 

This page has some good info from the irs https://www.irs.gov/newsroom/worker-classification-101-employee-or-independent-contractor

 

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Posted
On 4/8/2025 at 6:19 PM, AngryBevo said:

The doctor obviously should have to pay his part of the payroll taxes so her portion is not that large.

 

I was going to mention something along those lines in my post, but I wasn't sure how it would work. I assume he'd have to reclassify her and then pay employment taxes? Does that actually reduce her burden? Or are you suggesting she just have him do that under the table and pay HER what he should've paid the IRS?

12 hours ago, destroya said:

Not sure about the IRS, but she can report him to the Texas Workforce Commission. The only thing they may/can do is assess him the UI taxes he hasn’t paid and maybe interest; I don’t think there are any fines. 

She owes income taxes regardless. He just fucked her over by not letting her know he wasn’t withholding. 

This page has some good info from the irs https://www.irs.gov/newsroom/worker-classification-101-employee-or-independent-contractor

 

I know nothing about his niece, BUT we're talking about an 18 year old girl at her first job here. I'm gonna bet the doctor did tell her that, and she: a) had no idea what it meant and didn't bother to ask, b) did understand what it meant and failed to plan accordingly, or c) simply forgot. 

Posted
4 minutes ago, SquishMitten said:

I know nothing about his niece, BUT we're talking about an 18 year old girl at her first job here. I'm gonna bet the doctor did tell her that, and she: a) had no idea what it meant and didn't bother to ask, b) did understand what it meant and failed to plan accordingly, or c) simply forgot. 

It's not like schools teach kids about taxes and shit. 

Posted
On 4/10/2025 at 12:24 PM, SquishMitten said:

I was going to mention something along those lines in my post, but I wasn't sure how it would work. I assume he'd have to reclassify her and then pay employment taxes? Does that actually reduce her burden? Or are you suggesting she just have him do that under the table and pay HER what he should've paid the IRS?

I know nothing about his niece, BUT we're talking about an 18 year old girl at her first job here. I'm gonna bet the doctor did tell her that, and she: a) had no idea what it meant and didn't bother to ask, b) did understand what it meant and failed to plan accordingly, or c) simply forgot. 

He would have to reclassify her. She would still have to pay because obviously she didn't have anything taken out throughout the year but she would only be responsible for half of FICA which would  save her a 7ish percent so about 3k.  

 

She told me today she actually started a bit before last year and she had a W2  for then first couple of months so she didn't pay at tax time.  She said he never mentioned a 1099 and she actually asked him about it today. He said that's why I told you to put some away for tax time and that his accountant told him to do it that way. And that she can write off her gas and telephone.  But he said he was going to talk the accountant again.  

 

Like monkey donut said Dr is just a complete cheap ass. 

Posted
20 hours ago, AngryBevo said:

He would have to reclassify her. She would still have to pay because obviously she didn't have anything taken out throughout the year but she would only be responsible for half of FICA which would  save her a 7ish percent so about 3k.  

 

She told me today she actually started a bit before last year and she had a W2  for then first couple of months so she didn't pay at tax time.  She said he never mentioned a 1099 and she actually asked him about it today. He said that's why I told you to put some away for tax time and that his accountant told him to do it that way. And that she can write off her gas and telephone.  But he said he was going to talk the accountant again.  

 

Like monkey donut said Dr is just a complete cheap ass. 

He’s claiming his accountant told him to 1099 a receptionist? That makes no sense unless this is an after-hours call center or something where they have tons of folks manning the phones at all times. There’s something off about this story

Posted (edited)

It’s a simple story.  He’s a lying sack of shit and a cheap ass mother fucker.  He also probably has cameras in the bathroom so he can perv on her.  She should turn his ass in to the IRS and then claim he harassed her.

Edited by Ghost of NMAS
Posted
10 hours ago, SquishMitten said:

He’s claiming his accountant told him to 1099 a receptionist? That makes no sense unless this is an after-hours call center or something where they have tons of folks manning the phones at all times. There’s something off about this story

Nope, he is pulmonologist.  He does have one of those receptions from india as well but my niece is the one that goes into office.  Since they share offices with other practices another assistant overheard the convo and said a lot of the doctors there do it.  So I guess it's common fraud for Drs to commit. 

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