Originally Posted by suethebastards
Thanks for your help.
Nothing was withheld from the settlements I received including no fica or medicare amounts.
I filed form 4137 as a vehicle to allow me to pay what would have been the "employee" portion of fica had my settlement been actual wages since it was not withheld by the payers of my legal settlements.
About 9 years ago, an employer who misclassified me as a contractor also failed to withhold anything and back then someone advised me to use the 4137 form in order to have a method for me to pay my share of the fica/medicare tax that should have been withheld, but was not.
I called the irs and they confirmed I should use the form 4137 and include a note explaining the circumstances and that I was doing this to pay "my" portion of fica/medicare and the wages on which I was paying them were really not tips. The irs said the 4137 was the only way to do it because they had no forms to cover my situation.
I was just wondering if nothing has changed and now in 2015 I still have to use a form 4137 in order to pay "my" portion of fica/medicare on the legal settlements I received.
If you think I am wrong to use a form 4137, then what other method should I use to pay "my" portion of fica/medicare taxes?
.Since 2008, only tipped employees( i guess you are NOT a tipped EE as you do not work ata restaurant, do not you?/) use Form 4137 to report FICA tax amounts on allocated tips and those not reported by their employers.
When an employee is misclassified as a contractor, discrepancies arise with FICA taxes. That's where Form 8919 comes in NOT form 4137 after 2008 as said.i guess before 2008, you had to file f4137. So, you need to use Form 8919 since fica taxes were not withheld from your pay