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RE Agt audited 1st time after 20+ years – HELP!!?
Former commercial real estate agent with a publicly held real estate company. I received no salary (100% commission) but considered an “employee” for FICA purposes. I was not reimbursed for any “non-commute” mileage so I deducted thoee “non-commute” miles from my Schedule C. NOW the IRS is disallowing the deduction because my former employer did not recognize me as a “statutory” employee. What am I missing????
On the W-2 is a box for statutory employee. It was not checked. Ask the employer if they will issue the W-2 C with it checked.in box 13.
http://www.irs.gov/charities/article/0,,id=131138,00.html
http://realestate.about.com/od/realestatebasics/p/indep_contract.htm
PS you may have a problem–I don’t think a RE agent *can* be a statutory employee. I think it’s all or nothing. IRS pub 15a, pages 4 and 5.
