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Looking for Former DIT unpaid ICs; Question for you now that tax time is here - Curious


Posted: Jan 01, 2011

Oh, those 2 dreaded words – TAX TIME

Over the past year it seems as though there were more and more MTSOs not paying their Independent Contractors (especially DIT), leaving those MTs with little recourse to collect their wages. 

I have never had contact with DIT, so I am kind of blind in my assumptions, and I may be way off base. If I am, just ignore the rest of my ramblings.  

I assume that as Independent Contractors working for DIT, the MTs were billing or invoicing DIT periodically for services rendered. 

Since those invoices were never paid, I was curious to know if DIT included that amount in the Form 1099 that they send out to the ICs at the end of the year?  

I was also curious as to whether any ICs who were never paid for their services have used the “Business Bad Debts” write-off when they file their Federal Income Tax form? 

Anyone who has been stiffed by an MTSO should ask their accountant if they are eligible to write off any unpaid invoices as “Business Bad Debts.”  It may not get you all your money, but if you can reduce the amount of taxes you own the Federal Government and maybe even get a hefty tax refund from them, that is a step in the right direction.  Also, I would think that if the IRS gets a bunch of ICs writing off “Business Bad Debts” from the same company, that would definitely peak their interest into checking to see if those companies included that income on their own Tax Returns.  I am assuming that as a business, they (DIT especially) have to document their income on their own Tax Returns, and if the amounts do not coincide, they could be in a world of hurt with the IRS – which is exactly what they deserve. 

Hey, it is definitely worth a try.  If you already have an accountant who does your yearly taxes, I am sure they can tell you whether you would qualify for the “Business Bad Debts” deduction, and you would not have to take DIT to Small Claims Court – just let the IRS handle it.   Here is what you can tell your accountant:  “Some businesses (including lone freelancers who may choose to fall under sole proprietorships) are allowed to write off uncollectible invoices as a "business bad debt" according to IRS Publication 525.”

 

Just a thought.

Hope someone will respond and let me know if they have ever gone this route.  Something has to be done about these MTSOs who abuse Independent Contractors by not paying them thinking the ICs will never be able to collect.  

Good Luck and let’s hope 2011 is a heck of a lot better than 2010 was for some of us.  

 

DIT - Eric

[ In Reply To ..]
I eventually got paid all but $40.00 from Hadi after contacting and going through the steps the National Check Fraud Center of Charleston gave me. They have information involving all states and never asked me for any of my personal information, they just emailed me all the information I needed and I followed through. Actually, the info I needed was right there on their website. I never got past the first step because Hadi paid, but I live very close to DIT and would have made a point of pursuing.

About the IRS business write off thing, someone can correct me if I am wrong, but I belive you can have a write off, but not a loss. You must have made some money. When I went though DIT's cheat-em-and-how tactics, I asked my accountant becaue I was trying to do taxes and wanted to know if there was any way to get the benefit of the money I earned even if I could not get the actual money and was told I could not show a loss, that I had to still show I made some money. Otherwise, it wouldn't look like I had any business at all to have had a write off from.

I wish you luck in your endeovors to squeeze your heard earned pay out of DIT. It is indeed shameful what they do. God Bless you.

Makes no sense - mt

[ In Reply To ..]
Businesses OFTEN operate at a loss so what is your accountant talking about?
Or do you mean you would have had ZERO dollars coming into your till at all from which to lose from? I still don't think that's accurate.

A few years ago, I was able to claim the loss of a client not paying me and never had an issue with it.

I am not an accountant - Eric

[ In Reply To ..]
I am not an accountant and don't profess to be. That is just what my accountant told me when I wanted to try and claim the money DIT owed me as a loss. As it was, I would have had no income coming in as an IC, just the DIT loss. That is what I was told I could not have. Had I been an IC and worked elsewhere and did get paid, then I could have written DIT off. But I had been an employee previouisly. Accountant said I could not claim a six week IC stint as a business loss when that is all I had -- just a loss.

That is just my experience and I am over it now because I eventually got paid, less the $40. This is most certainly an issue the OP needs to ask her accountant. I know businesses often operate at a loss, but they are also bringing in SOME money. I was bringing in no money as a DIT IC. I think that is the difference, you can't write off something from nothing.


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