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Classification of employee

Hello!

Backstory- I was employed somewhere and they paid for trainings and spent more on me than the typical yearly allotment. I have left the company and they are requesting I pay them back despite our agreement that they would write me a contract, that they never wrote. I told them I would not be paying them back as I never received a contract. They are now wanting to reclassify that money and place it on a 1099 for me despite having paid for 80% of the trainings in the years 2024 and 2023. If they send me a 1099 for money spent in 2023 and 2024 as well as 2025 what do I do? I was a w2 employee there and never received money to pay for the trainings, they used their business card to pay for them so none of my paystubs or income reflects that I "earned" that money.

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6 Replies

Classification of employee

Form 8919 is used for 1099 income that should have been on a W-2. 

Classification of employee

I would not agree to pay them anything, especially if you don;t have a written contract. 

 

If they report a 1099-NEC instead of a W-2, the first thing you do is file form SS-8.   This is a request to have the IRS determine your status.  If you have pay stubs showing withholding of taxes, especially SS taxes, you can include that as proof, along with any other information suggested in the instructions.

https://www.irs.gov/forms-pubs/about-form-ss-8

 

You might remind the company about the SS-8 form, and the heavy penalties that companies pay if they are found to have misclassified employees.  

 

As regards to your tax return, that is a little more complicated.  If they withheld social security and medicare tax from your paychecks, it will be almost impossible for them to report your pay on a 1099-NEC and still balance their books.  If that does happen, form 8919 is probably not correct, because it will tax you for half the social security that was already withheld.  I would see an accountant for help (and not a storefront).  Probably you would use a substitute W-2 form instead, but this will also cause an investigation and likely delay any refund.

 

However, it sounds like they might only want to issue a 1099 for the money paid for the training, as if it was paid to you.  This would also be improper, and would not make any sense.  If you are a regular employee (a common law employee) then the company can deduct your training as a business expense.  If they report it as 1099 compensation, it still is a business expense to them (they don't get a better deduction) but it hurts you, so the only reason to do that is spite.  It would not be taxable to you in that case.  I think your best option in that case would be to file your return by mail, not including the training money.  Instead, print your return and mail it in.  Attach a copy of the 1099 and a written letter of explanation that also says you have filed an SS-8.  (And you will include the 1099 and the explanation as part of your case when you file the SS-8).

 

It is ultimately unclear to me whether they want to 1099 you for the wages, the training, or everything.  Best to wait until you actually get the documents and then we can talk about how to handle it.  

rjs
Level 15
Level 15

Classification of employee

Wait to see if the company actually sends you a 1099. If they don't, then you just file your tax return with your W-2 as usual. If they do send a 1099 for money that they did not pay to you, I would not waste time trying to figure out a way to report it on your tax return. That's not really the issue. It's a fraudulent 1099. I would suggest that you see an employment lawyer about it.

 

Classification of employee

They stated they will be sending me a w2 as usual and a 1099 just for the training 

Classification of employee


@Confused96 wrote:

They stated they will be sending me a w2 as usual and a 1099 just for the training 


So that's clearly improper, and it's not taxable to you.  The question is how to not get the IRS on your back while it gets sorted out.   (The problem with a lawyer is it could cost you more than the amount of the dispute.)

 

Although there may be other opinions, I would not include the 1099 as taxable income.  There are two ways to do this, both of which will likely trigger the IRS to look into it. 

a. Enter the 1099 as miscellaneous (other) income, not related to work you did (even though it;s a 1099-NEC).  Then enter a negative amount of miscellaneous income as an offsetting adjustment.  You can e-file this way.  The IRS computer will see that you reported the 1099 as income, so it won't be an immediate red flag, but they will probably ask at some point for an explanation of the negative adjustment.

b. Leave the 1099 off your return, file by mail, include a copy of the 1099 and a written letter of explanation.  The. IRS may still ask for information later.

 

Either way, this is profoundly stupid by the employer.  They don't get any more of a tax deduction for 1099 income than they do for training expenses, it just hurts you. 

Classification of employee

hurting me is their intention so I appreciate the help on the logistics of all of this! I will bring all of this info to my advisor when I file my taxes this year (assuming they go through with it and send me the 1099)

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