Went to work for a small family owned construction business forn about2 months and was supposed to be w2 and instead got a 1099nec , and im not sure how to handle this, the company even printed out the w4 and a4 forms but they said oh we dontnhave nothin on file. Any advice is appreciated thanksn

You can file for SS-8 and let the IRS determine your employment status. If they had behavior and financial control over your employment, then you should have received a W-2 instead of a 1099. Did they give you paystubs showing taxes withheld? In the meantime, to report your income, you will need to enter your income by selecting the following: Income Show More next to Less Common Income Start next to Misc Income Start next Other income not already reported on a form W-2 or Form 1099 YEs to did you receive any other wages Continue through to did you earn any other wages and answer yes Select employee compensation that was not reported on a W-2 Hit continue Report your wages and select I received a 1099-Misc for this income use reason code H Myths About MisclassificationS

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Bailey2112

Level 2

Question

Help employer lied

Forum|Forum|1 year ago
February 8, 2025
1 reply
9 views

Went to work for a small family owned construction business forn about2 months and was supposed to be w2 and instead got a 1099nec , and im not sure how to handle this, the company even printed out the w4 and a4 forms but they said oh we dontnhave nothin on file. Any advice is appreciated thanksn

Not A Product Question

Vanessa A

Level 15

You can file for SS-8 and let the IRS determine your employment status. If they had behavior and financial control over your employment, then you should have received a W-2 instead of a 1099. Did they give you paystubs showing taxes withheld?

In the meantime, to report your income, you will need to enter your income by selecting the following:

Income
Show More next to Less Common Income
Start next to Misc Income
Start next Other income not already reported on a form W-2 or Form 1099
YEs to did you receive any other wages
Continue through to did you earn any other wages and answer yes
Select employee compensation that was not reported on a W-2
Hit continue
Report your wages and select I received a 1099-Misc for this income use reason code H

Myths About Misclassification

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

Bailey2112Author

Level 2

Do i do this before i file or after?

I mean yea its on me for not seeing it on my stubs but it was a weird situation because i first started employment a 1099 in warehouse/reciievin as a temp postion but after being there 2 weeks and working 40 hrs each week, doing w.e they asked or needed they came to me and asked what are you willing to do for hours to which i answered, ill do anything to keep working. It was at this point we talked about terms of employment and goin from a 1099 to w2 and pay rate, printed out said forms and i turned in. When i emailed them with this all they simply replied well were you getting deductions taken out?

Like One day before we went to lunch they came to me with a company shirt telling me i had to change shirts when we went out, i was made toclock in and out everyday as well for my lunches only being alotted an hour max lunches, anytime i was out the ODB would give me **bleep** about it asking me oh you must not have anything to work on , the guy even tried totalling up my smoke breaks and how i was taking an hour or so total in smoke breaks each day and i was moving ,that doesnt really sound like an independent contractor to me.

Bailey2112Author

Level 2

I rememebr one meeting we had , a IRA/401k guy came to talk about what the company would mactch , so i went an talked to the company bookkeeper about it afterwards to inquire about it more.. why wouldn i partake in the meeting if i wasnt eligible for benifiets and further why would i inquire more about it then?