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I work as a cook and my employer gave me a 1099MISC. They didn't withhold any payroll tax and I have to pay steep tax rate like a self-employed contractor. Is this legal?
I fit the criteria of a employee, as I earn an hourly rate, receive direct instruction and supervision, use the materials at the restaurant, have no control over the product I make, and have no opportunity for profit or loss. I do not receive tips. My employer said I received a 1099 MISC instead of a W2 because I worked part-time (between 15-30 hours per week), though I could not find any material to support this decision on the IRS website. I know about the SS-8 form but I do not know if I qualify.
‎June 7, 2019
4:24 PM