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sherrill5599
New Member

I am a bartender and we wereally just informed that starting next pay period Jan 30 we are now going to be 1099 is this legal ?

 
2 Replies
Critter
Level 15

I am a bartender and we wereally just informed that starting next pay period Jan 30 we are now going to be 1099 is this legal ?

Not really without a good excuse ... if you were an employee before and you would still do the exact same job then the employer should not be able to switch you to a sub contractor.  https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Hal_Al
Level 15

I am a bartender and we wereally just informed that starting next pay period Jan 30 we are now going to be 1099 is this legal ?

If you want to make a fuss, the IRS will most likely come down on your side.

If you want to go along to get along, you should expect to be paid 7 to 8% more to compensate you for the additional tax you will pay. You will effectively now be paying the employer share of FICA (social security and medicare tax), in addition the the employee share.

The IRS considers anything in box 7 of 1099-MISC to be self employment income. Enter the 1099-Misc income, at Other Common income / income from a 1099-MISC . TurboTax (TT) will complete Schedule C or C-EZ for you and allow you to deduct any expenses associated with this income. You'll also have to pay self employment tax (social security & Medicare) on any profits greater than $400. These types of payments are frequently done this way. Your "employer" is not the only one. 

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