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New Member
posted Jun 3, 2019 10:58:52 AM

I got a settlement from a lawsuit and received a 1099 form showing no taxes taken out. Part of the settlement included back wages which had taxes taken out.

The 1099 form shows no taxes but I have a W2 which includes part of the settlement which shows taxes were taken out of part of the settlement.  How do I rectify the two?

0 6 999
6 Replies
Level 15
Jun 3, 2019 10:58:54 AM

It's not clear if the W-2 amount  is duplicated on the 099-Misc or you'r just saying part was reported on a W-2 amd part on the 1099-misc.
If the latter, just enter the W-2 and 1099-misc, separately at their different entry places in TurboTax. The withholding on the W-2 will eventually be applied to your total income.

New Member
Jun 3, 2019 10:58:55 AM

The 1099 had the total amount of the settlement with no taxes withheld the W2 showed the back wages part and the taxes that were withheld. Should the back wages part be subtracted from the 1099?

Level 15
Jun 3, 2019 10:58:56 AM

Yes, which means you're going to have a problem with the IRS when your tax return doesn't natch the copy of the 1099-misc they get.
If you received an erroneous 1099-Misc
You have several choices:
1. Ideally, you get a corrected 1099-misc from the payer
2. Don't report it on your return. Attach a copy of the 1099 and a statement explaining the circumstances. You can't e-file. From the IRS instructions for form 1099-Misc: Form 1099-MISC incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
3. If the income is in box 7 of the 1099-Misc, Report the Income on schedule C and take a deduction under other expenses, call it something like "duplicate amount reported on W-2"
4. If the income is in box 3 of the 1099-Misc, report the income as misc line 21 income (enter in TurboTax at the 1099-Misc screen) .  Then enter a line 21 deduction, for the same amount.  In TurboTax (TT), enter at:
- Federal Taxes tab
 - Wages & Income
- “I’ll choose what I work on” Button
Scroll down to:
-Less Common Income
      -Misc Income, 1099-A, 1099-C
       - On the next screen, choose – Other reportable income - Enter the number with a minus sign (-) in front. Briefly explain at description.

New Member
Jun 3, 2019 10:58:57 AM

Thank you for your advice!

Level 15
Jun 3, 2019 10:58:58 AM

deleted

New Member
Feb 1, 2025 7:24:13 AM

Hello,

 

  I am curious if you had any issues when you reported it this way on your taxes?  Did they accept your return?  I am having the same exact issue with my 1099-MISC and plan on doing this.  I just wondered if you came across any delays with your return when you had to do this?