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NYS-45 Discrepancy Notice

This page provides a clear, factual overview of what a NYS-45 Discrepancy Notice involves, why organizations receive it, how risk is evaluated, and the typical steps required to resolve it. These insights are based on patterns seen across Consulting firms, marketing and creative agencies, IT services, professional services, and gig platforms using many contractors. and common issues identified in audits.

Summary of Issue

NYS-45 Discrepancy Notice relates to an audit, examination, or enforcement action focused on how the business classifies, pays, and reports its workers. It is typically issued when Income reported by contractors, platforms, or payers on 1099s did not match the income reported on the business’s tax return.


Agency
State or federal labor / tax agency
Location
Varies
Issue Type
Underreported income based on 1099 and wage reporting
Risk Level
Medium
Common Reason
Income reported by contractors, platforms, or payers on 1099s did not match the income reported on the business’s tax return.
Penalty
Additional income tax, penalties, and interest based on mismatched 1099 and wage reporting.
Fix Action
Work with legal and tax advisors to review worker roles, documentation, and reporting and respond to the agency by the stated deadline. Reconcile reported income to information returns, substantiate differences, and amend returns or pay additional tax where appropriate.
Year Range
Typically reviews 3–4 years of records; in serious or repeat cases, the lookback period can extend further.
Industry Examples
Consulting firms, marketing and creative agencies, IT services, professional services, and gig platforms using many contractors.

How TCWGlobal Helps Companies Facing a NYS-45 Discrepancy Notice

Letters like the NYS-45 Discrepancy Notice often occur when organizations experience gaps in documentation, worker classification, onboarding processes, or payroll reporting. These issues become more common as companies scale, work with more contractors, or manage projects across multiple states and agencies.

TCWGlobal helps by supporting compliant payrolling for workers you already sourced, centralizing documentation, maintaining accurate worker records, and ensuring onboarding and reporting remain consistent across all projects and departments.

For industries like Consulting firms, marketing and creative agencies, IT services, professional services, and gig platforms using many contractors., where audits related to Underreported income based on 1099 and wage reporting commonly appear, our team reduces risk by helping clients maintain clean worker files, correct classification, and auditable payroll data.

When issues arise, TCWGlobal supports you in preparing required documentation, correcting records, and implementing processes that help prevent future State or federal labor / tax agency assessments or penalties.