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It depends. This form by definition is considered self employment. If you were an employee of this same company then it should be part of your W-2 wages. On the other hand if you performed a service as an independent subcontractor then it is self employment income and must be reported as such.
Options:
Form 8919: Code H
Complete the steps (entered below for your convenience). The IRS will go back to your employer for their share.
This will report your wages and you will also see the information for the SS-8 along the way. You will pay only the employee share of social security and medicare taxes. Form 8919 will be included with your return, see the link below.
The Form SS-8 helps to differentiate between an employee and an independent contractor (self-employed).
Form 4852:
You can file as though you received a W-2, but may have to file by mail if you do not have the employer identification number (EIN) of your employer (should be on the 1099-NEC). In this case, complete a W-2 and then on the follow-up pages look for the page titled 'Do any of these uncommon situations apply to this W-2?'
So the bonuses were earned through my company for sales; however, they paid the 1099-NEC through another LLC they own. It was not for contract work or for self employed services. Seems like a sketchy loophole on their part.
It's possible they may have thought so. However, you can process your income as indicated because the IRS will go back to them for their employer share of social security and medicare taxes. The way it was reported to you is not according to tax law.
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