How to file 1099 for year 2002

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I left USA in 2003 due to my immigration status and did not have the opportunity to file my taxes for year 2002. Now that I have returned to USA, I would like to file 1099-MISC. The employer does not have the form but instead have given me the amount I earned for the said year. I need to know the following: 1. What is the address to file 1099-MISC 2. My employment was in NYC and I am currently in Houston TX. Does this have any impact on the I file my taxes? 3. What kind of forms I can use to waive the interest and the penalty? 4. Is there any other form I should be using in addition to 1099-MISC? 5. The amount shown on SSA is slightly less than what is provided by the employer. Do I need to correct SSA or just file the amt given by employer. Thanks, Nasir Khan

Attorney Answers

3
Frederick Walker ·
It doesn't sound like you need to file a 1099. The IRS requires businesses to provide information regarding certain payments made over the course of a tax year on one of a range of Forms 1099. Small businesses most frequently use Form 1099-MISC to report payments of over $600 to non-employees, such as contractors and advisers. Businesses that file more than 250 Form 1099s must file them electronically. The IRS charges a penalty fee for late filing, except in certain circumstances. It appears you were the recipient of a 1099, not the issuer. If so you just need to file your tax return, although you should get an account transcript and see a tax professional before you file your return.
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Everett Buck ·
It appears from your question that you are confused about proper tax return filing procedures and requirements. The Form 1099-Misc is issued and filed by the employer, usually for nonemployee compensation paid to individuals in excess of $600. You would be filing a Form 1040 income tax return on which you report that taxable compensation you earned, less any related allowable deductions. Your SSA account would be automatically adjusted by the amount of self employment income reported on your return to the IRS. Late filings penalties may be waived by the IRS upon application for reasonable cause. You ought to consult with a professional who can review all your facts and documentation to ensure you file a correct return, if one is required.
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Dana Atchley ·
Since you were the payee, not the payor, you would not file a Form 1099. The amount reflected in the SSA records will most likely be the amount of the wage base that is subject to social security tax, which may be different from the gross wages. Assuming the employer filed the 1099 with the IRS originally, you should be able to obtain a copy of your Wage & Income transcript from the IRS that should reflect the information that was on that 1099. You should also obtain a copy of your Account Transcript from the IRS as that will show what activity the IRS has taken on your 2002 tax account. Based solely on your description the IRS is very unlikely to waive penalties or interest. Simply leaving the country, even if because of immigration status, is not a sufficient excuse for not timely filing your tax return and paying the taxes owed.
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