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FAQ

Does an exiting employee have to immediately pay tax on exercised pre-IPO NSO stock options?
It doesn't matter whether or not you are exiting.  The exercise Non Qualified Stock Options ("NSOs", also called NQs or NQSOs) results in an Ordinary Income event for most individuals. If the options were earned while an employee then the company should withhold tax and provide a W2 at the end of the year.  If the option were earned while a non-employee (generally a consultant) then the company will NOT withhold taxes, but will provide a 1099-misc at the end of the year.The withholding for "employees" is required even if the individual has been terminated and is no longer an employee.  It is required even if the exercise is done in a calendar year after the year of termination.Disclaimer:  I am neither a tax attorney, nor a CPA.  This is my understanding of the rule, but you must get final guidance from someone who is licensed to do so.
Why isn't there a place where you can check all the 1099's you are responsible for paying taxes on?;"""The place where you check the 1099s you are responsible for"" is your own set of records on the income that you earn - not what gets reported to the IRS.A 1099 is an information return. It is not required in all cases when income is earned. If you are operating as a corporation
you won't get a 1099. If the amount of income you receive for services performed is less than $600
you won't get a 1099. But you are still responsible for reporting and paying taxes on that income even if you don't get a 1099.Furthermore
1099s can be wrong
or inaccurate (they can and often do include income that you don't receive in the same tax year in which you perform services). If you don't have your own set of records on the income that you receive
how will you know whether the 1099 you receive is accurate?I can't stress this enough to small business owners and operators - and yes
that includes those of you who are ""paid on a 1099"". Keep your own set of records? The only way that you can guarantee that your income is reported accurately to the IRS is if you do it.As for the actual question asked - the reason the IRS doesn't make all of these records available ""in one place"" is that by law (see 26 U.S. Code § 6103 - Confidentiality and disclosure of returns and return information)
the IRS is prohibited from disclosing any return or return information that they receive in most circumstances
and the IRS cannot do so (except under extremely limited circumstances) unless a taxpayer initiates a request to receive such information
or consents in writing to allow someone else to receive the information."
Can I drive for Uber with my H1-B work visa or F1 student visa in the US?
I am asked this question several times a week.  The answer is always the same: No.  It is work, you are displacing someone who has the lawful right to do that work.I am then asked, "Can I buy a house and rent out the spare room via AirBNB?"  Now THAT is a good question.  The safe answer to that is "No".  For example, you wouldn't be allowed to operate a traditional BNB.  However, you could potentially sublet a room for longer periods of time as that isn't so much work as passive income.  Crazy case:  I had a client who used to travel to the U.S. to write books.  The last time, before she came to me, she tried to enter the U.S. she encountered a CBP officer who knew her books.  The officer knew that she wrote on subject matter that she could only know by being intimately familiar with a location in the U.S.  The officer asked how she managed to do it, she explained that she came to the U.S., researched the place, wrote the book while here, and then left.  The officer asked who her publisher was, she had changed to a big name U.S. publisher for her last two books.  The officer concluded that she was working in the U.S. and turned my client around.Yes, we fixed the case eventually, but it was a nightmare.
I'm a 1099 construction worker, and my boss had made it difficult to get my checks. What can I do?
I understand that you’re using the word “boss” loosely here, but it’s worth mentioning, if there’s somebody setting your hours, telling you what to do during those hours, and you’re using their tools, you’re probably not a 1099 employee as opposed to someone who should be getting a W-2.Assuming you/the “employer” aren’t defrauding the IRS and the state by improperly working as a 1099 employee, and are in fact a subcontractor that pays his or her own travel expenses, sets their own hours, or some combination of other things listed from the IRS, then just take them to small claims court after notifying them a few times via email/text/fax (anything on paper, that you can print out and bring to court.)Now, assuming that you/the “employer” are in fact defrauding the IRS/the state by improperly classifying yourself as a “1099 employee” (which isn’t a real thing, you’re a subcontractor), you’re in a very finicky set of circumstances. Call a real attorney, figure out if you want to be a royal pain in the ass or not, and then (should you chose to do so) notify the IRS and state boards of workers compensation. You can sue for back overtime, lost pay, the excessive payroll taxes you’ve paid, they will be cited and fined, and you probably won’t do any more work for them.Basically, I’d beginning communicating via paper/electronic correspondence, and if your boss doesn’t reach an acceptable conclusion, you can hose their ass.
The startup I work for is running out of money. I'm technically a 1099, but I've been treated like an employee. I haven't been paid in full for a few months. What are my legal options?
I'm not an expert in this field but I have some experience as a 1099 and also as one running a small business that might help.Generally, the IRS frowns upon companies misusing the 1099 miscellaneous for workers who should be classified as employees, W2. There are guides to what is considered an employee and what is not. For example, if you're submitting invoices to your employer or your contract is per project or task, or there are clear time periods articulated of your temporary working relationship, and there is clear documentation of this, then that's a legitimate paper record of a 1099 type status.But based on what you're talking about, it doesn't seem like this is the case. Sounds like your employer is misusing the 1099 to avoid the burden of FICA and other things.My advice is that you talk to a lawyer about this. If it is the case that your employer is misusing this - the IRS won't like it, and you will have a lot more power to get paid. If they go bankrupt, they have obligations as to who gets money first and I believe employees have a higher priority than temporary workers, contractors, etc. So I would talk to a lawyer ASAP. Don't wait on this as when they go under, there is less you can do.