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Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2421
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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I recieved a 1099 from a former employer along with my w-2s. What do I do

Customer Question

I was a full time employee and some of my checks were not on payroll. But I know my boss is just trying to avoid taxes.
Submitted: 8 years ago.
Category: Tax
Expert:  Anne replied 8 years ago.



Thank you for using justanswer. There are 3 criteria that determines whether you are an employee, or if you are truly a contract laborer. They are:



  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker's job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

If you feel that you fit into the above category, then you may want to file a

Form SS-8 (Rev. November 2006)" border="0" alt="PDF" title="PDF" width="16" height="16"/>
Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding


Filing this form will cause to look at your situation, and if they agree with you, they will make your employer issue a W2 and pay his half of your Social Security and Medicare tax.


Please be aware that for the most part, many employers do not take kindly to having their payroll practices scrutizined by the IRS, so this could cause some repercussions for you, although I'm in no way suggesting that you don't folow up on this, I just thought I would let you know that.


Please see below for more in depth information re: Employer vs Independent Contractor.

Tax Topics - Topic 762 Independent Contractor vs. Employee


I hope this helps.