@CindyKR wrote:
I did not get an 1099-MISC in my spouse's name. I got a W-2 for my spouse that should have been a 1099-MISC. So, I reported it on my taxes as if the W-2 was my 1099-MISC like it should have been.
I just got a response from the employer. They are telling me their AP department cannot retroactively send me a 1099-MISC for 2023. Is that true? They are saying they will only send me a corrected W-2, which was not the right form to report this income on. I am sending them yet another email asking how they plan to report those withheld taxes under my name, since they seem to only want to make the W-2 zero for my spouse.
If you read my above answer, this is fine and no problem.
They should cancel the 2023 W-2 to your spouse, and issue a 2023 1099-MISC to your spouse. It sounds like they will do the first part and not the second part. Let it go. You properly reported the income, and whether or not they issue a 1099-MISC for 2023 to your spouse for your spouse's late bonus, will not change your taxes at all.
If they refund the social security and medicare taxes to you, and the amount is more than $600, they are required to issue a 1099-MISC. Since the taxes are being refunded to you directly in 2024, they are required to issue the 1099-MISC in your name in 2024. The IRS requires the payer to issue the 1099 when they make the payment, and then it is up to the recipient to determine if the payment is actually taxable or not. In your case, a refund of mistakenly withheld social security and medicare taxes will not be taxable to you, even if you get a 1099, and you will deal with the 1099 on your 2024 return.
