IN THE UNITED STATES
CIVIL MATTER


Memorandum In Support of Automatic 1099's and W-2's from Employers

Scope:

The W-2 form is issued to employees whereby income tax and other withholdings are deducted. The 1099 is issued to freelance workers and those individuals who may be contracted by a company to do certain jobs but are considered "self employed". When a 1099 is issued there is no income tax withheld by the employer. Employers that do no have employees who are considered permanent or of full-time status (35 hours a week) may or may not issue a W-2 or 1099 form to that employee for paid work. By neglect in not providing such a form to the employee, it now becomes the responsibility of that employee to report any income earned from that employer.

Issues of concern:

1. False reporting from an employee or employer may result from negligence of non-reporting methods when W-2's and 1099's are not enforced.
2. Even if a worker is freelance by submitting his work to an employer or is part of an affiliate program, then as part of acceptance into that program or company; it should be of responsible employer to furnish any earnings even in the event of non-earnings to that employee for record accuracy.
3. When a freelancer, self-employed or affiliate worker submits or displays work upon his or her program or job acceptance as this includes websites, blogs, or independent distributors even if income results in $0.00 earnings. In terms of absolute reporting purposes that information is necessary not only to verify employee participation however freelance, but to maintain a correctness of earnings and transaction from employer to employee with regards to the IRS and or state department.

Conclusion

Employers need to be held accountable and required to issue W-2's and 1099's to employee's and accepted participants within a company. This when enacted into law would prevent fraudulent filing to the IRS or state department on both the part of the employer and employee. In absolute reporting even with $0.00 earnings would be enforced protect the employee of later accusation of earned income by the company that may be reported by the company during initial or amended claim to the IRS or state department by the employer.  Such a requirement protects the employee against any fraudulent claim against them as well as an employer. W-2's or 1099's can be issued by e-mail from the employer along with a confirmed response by the employee or participant in receipt in effort to save economically. Once income or non-income for reporting purposes has been established this will make any future discrepancy with the IRS or state department easier to diffuse because of the necessary information resulting from W-2's and 1099's. 

Dated: March 21, 2010                          Attest:  A. Sadiq                          
                                                                       On Behalf of Pieces