Statutory employee


W

Wayne Rivers

I never thought I'd run into this one-

A taxpayer receives a W2 without the statutory employee box
checked, but falls under the full-time life insurance
salesman qualification under the IRS code. She has talked
to other people that work for the same company and they
report their income on Schedule C (without the box checked).
She has talked to her HR department and they will not
change the W2.

What does she need to do on her return so that she can
report the income and expenses on Schedule C instead of
miscellaneous itemized deductions on Schedule A?

Thanks

Wayne Rivers, CPA
 
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P

Phil Marti

Wayne Rivers said:
A taxpayer receives a W2 without the statutory employee box
checked, but falls under the full-time life insurance
salesman qualification under the IRS code. She has talked
to other people that work for the same company and they
report their income on Schedule C (without the box checked).
She has talked to her HR department and they will not
change the W2.

What does she need to do on her return so that she can
report the income and expenses on Schedule C instead of
miscellaneous itemized deductions on Schedule A?
How about just doing so? Unless the law requires the box on
the W-2 to be checked, if she meets the qualifications,
ignore the incorrect W-2.

This advice is usually met with, "But won't the IRS....?"
They may, in which case you explain. Trust me, it won't be
the first incorrect W-2 they've ever seen.
 
Last edited by a moderator:

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