No W-2 or 1099-MISC Given to Worker

[DTA93433]

Client was in construction for 2013 & 2014. Received no W-2, nor 1099-MISC. No SS-8 was filed either. In speaking with the client; determined that he should have been classified as an employee. The employer's FEIN # is unknown.

Question: Is our only option to file as self-employed (Sch C)? I am wondering whether to file a W-2 substitute (Form 4852). Then let the IRS fight it out with the former employer. I don't think this would work...but just thought I'd run this idea by.

 

[Ugo]

I'd do a schedule C. If he was for all intents and purposes treated like a contractor i.e. no employment letter etc., then that's what he was, a contractor.