1099 MISC vs W-2

by Kim
(East texas)

My husband is a youth pastor at a church and for the last 3 years has received a 1099-MISC.

This past year we have a new financial secretary and she has switched us to a W-2. Which made us owe more on our taxes because of the standard deduction vs itemizing.

Can he still request to have a 1099-MISC? Our pastor of almost 30 years has also received a 1099 all this time until now with no problems....Which is correct?

Also we have a travel allowance. What should be put on our travel logs that we turn into her? Because of the changes she is making we are having to turn it into her but I have just realized this. She won't except our logs for the first 3 months. Is there a way for her to except these or are we just out of luck for those months?

Thanks for any help!
Kim


Answer

She is probably right regarding the W-2. A W-2 must be issued for all employees. You can check with your state and federal labor laws to see if your husband would be considered an employee or self-employed. I would issue him a W-2 if I was making the determination.

As far as the tax breaks you can still claim all of his unreimbursed job-related expenses if you itemize. You will probably need to fill out a Form 2106, Employee Business Expenses. The amount then will be recorded on line 20 of your Schedule A.

As far as your mileage reimbursement, you would need to ask the financial secretary exactly what she wants on the documents you turn into for reimbursement. Most of the time you can just buy a little mileage book and keep it in your glove box. It should have at the very least: beginning and ending odometer readings, date, and purpose of trip.

I do not understand her making you wait 3 months before turning in your mileage reimbursement forms. Is this a governing body decision or her own? You might want to talk to your pastor or financial administrator if this is putting you in a bind.

Also, you probably already know this, but you cannot claim your mileage on your personal taxes if you are being 100% reimbursed for them.

Hope this helps,



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