Wednesday, February 10, 2010

What do I do if someone files a false 1099-Misc. in my name?

who do i contact?What do I do if someone files a false 1099-Misc. in my name?
How the Information Return Correction process works





W-2's and 1099s are called ';Information Returns'; by the IRS. Below is the overall process for correcting erroneous or false W-2's or 1099's so you know exactly how it works and what to expect:





Complete corrected Information Returns:





1.1 Complete Amended form 4852's for all years false W-2 reports were made against you.





1.2 Complete Amended/Corrected form 1099's for all false 1099 forms filed against you. See our article below for information on how to do this:


http://sedm.org/Forms/Tax/Form1099/Corre鈥?/a>





Mail the completed Amended IRS form 4852's and Amended/Corrected 1099's with the cover letter above to the Service center where you would normally file. Those using this website are all nonresident aliens who must file their Information Returns ONLY at: Internal Revenue Service; P.O. Box 80102; Cincinnati, OH 45280-0002. It may also be a good idea to mail a second copy of the package to the IRS service center that covers your state.


When the IRS receives the form 4852's and Corrected 1099's, they will correct the entries in the Integrated Document Retrieval System (IDRS). They will also send out an IRS Form 4598 to the employer or financial institution that originally sent in the erroneous W-2 or 1099 asking them to provide an updated form or to explain why their form was incorrect. If they are following the directions in our cover letter, they will use the Amended IRS form 4598 to send to the employer, and not the standard form so as to remove presumptions and offer additional explanation options to the employer or financial institution. The employer or financial institution has 10 days to fill out and return the IRS Form 4598. They may also respond by sending the IRS a W-2c or W-3c form, which corrects the erroneous reports they provided and which hopefully will agree with your 4852 submission.


The IRS may then further change the entries for the returns in question based on the IRS Form 4598 the employer or financial institution completed and returned to the IRS.


If the IRS is unable to reconcile the employer or financial institution's response with what you said in your cover letter, then they may amend the IDRS based on their own determination.


If you would like more information about Information Returns processing, visit the IRS website at:





http://www.irs.gov/taxpros/content/0,,id鈥?/a>





All you ever wanted to know and then some, including links for forms and additional informationWhat do I do if someone files a false 1099-Misc. in my name?
contact the nearest IRS immediately
first start with the person who issued it to you

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