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Thread: are any dancers receiving 1099's ?

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    Banned Melonie's Avatar
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    Default are any dancers receiving 1099's ?

    January is the month in which "employers" are supposedly obligated to send W2 income reports to "employees" and the IRS for wage and tip income, and obligated to send 1099-misc income reports to "independent contractors" and the IRS. With all of the additional pressure from the budget deficits, it is rumored that the IRS and state tax agencies have been paying much more attention to high earnings cash businesses i.e. strip clubs. Have any of you received W2's or 1099's yet ?

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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    If the dancers were never asked to fill out W-9s, its going to be hard to give them 1099s. If your club owner asks you to fill one out, a 1099 is probably in your future.

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    Default Re:are any dancers receiving 1099's ?

    All of the clubs that pay weekly booking pay in the Upper Midwest send out 1099's for the weekly pay they give us. None of the regular clubs I've worked at that offer no pay report any income.

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    Banned Katrine's Avatar
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    Default Re:are any dancers receiving 1099's ?

    This is an interesting question, I have to bring it back to the top of the forum. The club I worked for the last 2 years does not give dancers a 1099, or any tax document at all, we are responsible for claiming that income ourselves, but I guess keeps a record of the money we made via credit card transactions for their own purposes.

    Is the club obligated to provide me with a 1099? It would really help my records. Last year I just kept track of what I made in Excel, hoping to be able to confirm my earnings with a 1099 from the club, but they did not have them.

    Anyone know if this is normal or legal? All the other Texas clubs I worked at before sent me a 1099 misc...Juliette..its the same club you work at, what did you do?

    Thanks for any advice!

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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Its ultimately your responsibility to report the income. If you don't report it, using the excuse "Well, I didn't get a 1099" won't cut it. From the club's standpoint, they should be issuing a 1099 by law. If they don't and they were audited, the IRS could disallow the deduction they claimed for monies paid to you. At that point, they would probably file a 1099 and pay the late filing penalty, which is almost certainly less than the tax penalty they would incur. At this point, if you hadn't reported the income, you'd be in a very risky situation.

    In some extreme circumstance, the IRS could also say that you were an employee, subjecting the club to serious payroll tax penalties. And, again, if you hadn't reported the income, you'd probably be next on the IRS hit list.

    So, the concise answer is yes, they should be giving you a 1099, however the absence of one doesn't mean you can skip reporting the income on your tax return.

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    Banned Katrine's Avatar
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    Default Re:are any dancers receiving 1099's ?

    I always report my income Josh. Been around too many tax evaders lately, hehehehe?

    I just would have preferred to also have an official 1099 issued by the club for reporting accuracy. Oh well, when I go in next week I will try to see if I can get them to print me one for 2003, but either way, its in there under the Schedule A or whatever that section is....meow!

    "Have you ever been to American wedding? Where is the vodka, where's marinated herring?" - GB
    "And do the cats give a shit? No, they do not. Why? Because they're cats."-from The Onion

    Quote Originally Posted by Mia M
    If a cupcake was tossed at me... well, I'd only be upset if it missed my mouth

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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    I was actually making a general comment, Katrine, not referirng to you specifically. Feeling a little paranoid? lol.

    There are a lot of people in the "I didn't get a 1099, so I don't have to report anything" category. My post was a caveat for them.


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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Quote Originally Posted by Sapphire link=board=6;threadid=5704;start=msg65897#msg65897 date=1074904959
    Cali dancer here receiving my 1099 by the end of February. The 1099 is only for my base pay though. I'm responsible for reporting my tips and dance money.
    Although they aren't required to file the 1099s with the IRS until February 28, you are supposed to receive yours by January 31.

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    Default Re:are any dancers receiving 1099's ?

    true about the Jan 31st date, but many times I haven't actually received some 1099's until the end of February. I never file my tax return any earlier than the beginning of April anyhow, so that I don't get caught between a rock and a hard place if there are any discrepancies for any reason between the amount reported via 1099 and the amount I recorded in my ledger (plus I don't want to pay the IRS money any sooner than I must).

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    God/dess Zofia's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Quote Originally Posted by NVJosh link=board=6;threadid=5704;start=msg65860#msg65860 date=1074897207

    In some extreme circumstance, the IRS could also say that you were an employee, subjecting the club to serious payroll tax penalties. And, again, if you hadn't reported the income, you'd probably be next on the IRS hit list.
    NVJosh, we've been through the whole employee/independent contractor debate until it's a thoroughly beaten dead horse. Just look back over The Dollar Den. If you look at the IRS own rules it is clear that person who is treated mistakenly by her employer as an IC, will not be penalized by the IRS. The penalty falls on the employer. The only problem for the IC is that she did not report the income or under reported. In the former case she is in trouble for non-reporting, but she can still claim all the IC deductions when filing an amended return.

    In some instances, it might be beneficial for her to be subsequently determined to be an employee. For example, she would then be covered by workers compensation. If she had an on the job injury during the time that the IRS determined she was in fact an employee, she would have a much better claim for workers comp benefits. Further, there are substantial penalties for employers who do not accurately report their employee numbers for comp and unemployment insurance. Again, this is something that the mistakenly identified IC can benefit from.

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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Zofia - You made exactly the same point I was. I wasn't planning to re-open a debate, just reiterate for people who might not have read all the old threads. When I said "next on the IRS hit list", I only meant "the IRS will certainly check to see if you reported the income already."

    I also agree that often its better to be treated as an employee than an IC.

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    Banned Katrine's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Meow Josh!!! Its all about the love, its all about the trust......hehehehe...an honest stripper and an honest man....we should be in a museum somewhere, haha! Just kidding!

    "Have you ever been to American wedding? Where is the vodka, where's marinated herring?" - GB
    "And do the cats give a shit? No, they do not. Why? Because they're cats."-from The Onion

    Quote Originally Posted by Mia M
    If a cupcake was tossed at me... well, I'd only be upset if it missed my mouth

  13. #13
    God/dess Zofia's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Quote Originally Posted by NVJosh link=board=6;threadid=5704;start=msg66042#msg66042 date=1074957324
    Zofia - You made exactly the same point I was. I wasn't planning to re-open a debate, just reiterate for people who might not have read all the old threads. When I said "next on the IRS hit list", I only meant "the IRS will certainly check to see if you reported the income already."
    That's not the point you were making. You were misrepresenting the consequences of employer/IC status issues.

    I also agree that often its better to be treated as an employee than an IC.

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    Default Re:are any dancers receiving 1099's ?

    Quote Originally Posted by Zofia link=board=6;threadid=5704;start=msg66038#msg66038 date=1074956075
    Quote Originally Posted by NVJosh link=board=6;threadid=5704;start=msg65860#msg65860 date=1074897207

    In some extreme circumstance, the IRS could also say that you were an employee, subjecting the club to serious payroll tax penalties. And, again, if you hadn't reported the income, you'd probably be next on the IRS hit list.
    NVJosh, we've been through the whole employee/independent contractor debate until it's a thoroughly beaten dead horse. Just look back over The Dollar Den. If you look at the IRS own rules it is clear that person who is treated mistakenly by her employer as an IC, will not be penalized by the IRS. The penalty falls on the employer. The only problem for the IC is that she did not report the income or under reported. In the former case she is in trouble for non-reporting, but she can still claim all the IC deductions when filing an amended return.

    In some instances, it might be beneficial for her to be subsequently determined to be an employee. For example, she would then be covered by workers compensation. If she had an on the job injury during the time that the IRS determined she was in fact an employee, she would have a much better claim for workers comp benefits. Further, there are substantial penalties for employers who do not accurately report their employee numbers for comp and unemployment insurance. Again, this is something that the mistakenly identified IC can benefit from.
    Emphasis added to both quotes
    Not to beat a dead politician, but I read both posts as saying the same thing. And furthermore -- Zofia is far cuter than Josh. LOL.

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    Veteran Member NVJosh's Avatar
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    Default Re:are any dancers receiving 1099's ?

    Quote Originally Posted by Zofia link=board=6;threadid=5704;start=msg66318#msg66318 date=1074993126
    Quote Originally Posted by NVJosh link=board=6;threadid=5704;start=msg66042#msg66042 date=1074957324
    Zofia - You made exactly the same point I was. I wasn't planning to re-open a debate, just reiterate for people who might not have read all the old threads. When I said "next on the IRS hit list", I only meant "the IRS will certainly check to see if you reported the income already."
    That's not the point you were making. You were misrepresenting the consequences of employer/IC status issues.
    Well, its the point I was trying to make. Perhaps I was just unclear in how I phrased it. I suppose my phrasing could be interpreted as putting the IC at fault. That was not what I meant. I meant the IRS could cause the club to have to treat you as an employee. The liability definitely lies with the club, not the dancer.

  16. #16
    Pamela
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    Default Re:are any dancers receiving 1099's ?

    In Florida, and recieved my 1099's from the 2 clubs i worked. As well as the phone sex co. And the cam site. ALL 1099"s. Except hospital, i am an employee, no 1099.

    Pamela

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