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  1. #1
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    I don't believe its kosher to tell/recommend people to break the law here.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    He already broke it. I'm not telling him to break it. The offense was committed in early 2012. You have no duty to incriminate yourself.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    Providing a SS# to a person employing you is not considered self incrimination.

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    He can do whatever he wants, and I'm telling him why he shouldn't. Had he asked about these surveys before he took the first one, I'd have said, "don't do it." This is no longer an issue of breaking the law anymore.

    Each week that he reported no earnings, he made a false statement. Those carry a minimum of 5 weeks of forgone benefits. Not where they defer your checks, but checks that you claimed and were deducted from your overall claim balance that you'll never see.

    Each time he took a survey and completed it that should have created a separation issue and a new adjudication.

    It would be a real stretch to call this research group his employer, and if they really considered him an employee, they'd have had him fill out an I-9 and state and federal withholding forms before paying him a nickle. If he doesn't want to provide them with his SS#, the "employer" can pursue some other avenue to get it, but if he doesn't want to help them, they can't make him.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    So, your position is that having broken the law already, and now being offered with a way he could extricate himself from and legal issues and not having to wait for the shoe to drop when the UI catches up with him, he should ignore it and keep waiting for the shoe?

  6. #6
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    By your logic a shoplifter can absolve themselves of the crime by paying for the merchandise.

    He might get lucky and walk away with a slap on the wrists, but he might not and the penalties are steep, and with 1099 income there is the selfemployment issue that can cut you off.

    You can't know that he can "extricate" himself from this. This isn't like the more typical stuff I see. He didn't mistate his income because he couldn't forecast his commission income to the penny or that he's one of the people that report net income rather than gross.

  7. #7
    Join Date
    Jul 2012
    Location
    California
    Posts
    24

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    when i say i got paid to do some research groups, i mean that i was a participant in them. i did a couple throughout the year and got paid maybe a couple hundred at most for all of them. From day one they never told me they need or will need my ss# nor did they have me or tell me that i will have to fill out a 1099 form later or a w9 form. Had i known that I would have not continued to participate in the research groups. I talked to a CPA earlier today and he said that its not 100% certain that they wouldnt find something but that if they dont have and never asked for my SS# and never filled out a 1099 or a W9 then they would have nothing to tie me to doing the research groups.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got Paid to Do Some Research Groups in 2012, Do I Have to File My Earnings with U

    Not the same thing. The employer, rightly or wrongly, is treating him as a contractor. They may be right, they may be wrong, but they are acting under that belief. They paid him, and they now wish to make the appropriate reports to the appropriate agencies. They quite rightly contacted him for his SSN, which they have every right to ask for, and they are asking for it at the time when an employer would normally ask for it. In other words, from their perspective, it's just another day in paradise.

    If the OP fails to respond, they're unlikely to let it drop. Since they're not trying to hide anything, they'll notify the IRS that they have been unable to obtain an SSN but here are the rest of the particulars on this individual. The IRS will know what to do with it. The worst thing that can happen to the employer is that they *might* say, Oh, btw, you should have treated him as an employee. Here's a slap on the wrist - do it right next time.

    If the poster responds now, and self-reports his error to the UI, the UI is unlikely to do anything more than say, Okay, you owe us back for x amount - how do you want to pay it? But if they find out through the IRS that the poster did not report these earnings, they're going to take a much harder line. As will the IRS.

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