I received a w2 and a 1099 Misc from the same employer. How do I file this?

[iinsomn3ac]

I am an employee not a indpendent contracter but they still gave me a 1099 misc and W2

[Carl]

What box on the 1099-MISC is the income reported in? Are you a real estate agent maybe? Why were you paid that money on the 1099-MSIC?

[iinsomn3ac]

It is reported in box 3. I am a roofer.

[Carl]

Reporting 1099-MISC (box 3) that is not self-employment income

Under the Wages & Income tab (or Personal Income tab) scroll down to Other Common Income and elect to start/update Income from form 1099-MISC. Then click YES to indicate you have a 1099-MISC.

Enter the 1099-MISC exactly as printed, and then Continue.

Enter the reason you got this money – be it scholarship, bonus, streaking butt naked across the 50 yard line of the super bowl, whatever. Then continue.

Select None of these apply, then Continue.

Select No, it didn’t involve work….. and Continue.

Select ONLY the tax year for which this specific 1099-MISC was issued. Do not select the year that you received the 1099. Select the year for which the 1099-MISC was issued. Select no other year. Then Continue.

Select No, it didn’t involve an intent to earn money, then Continue.

Select NO, then Continue.

Click the DONE button, and that does it.

[iinsomn3ac]

Thats the thing though, this did involve work. It was my only income. They paid cash for this portion.

[Carl]

Then it's considered self-employment income and has to be reported on SCH C or C-EZ. As far as the IRS is concerned, you earned that money while self-employed and "in business" for yourself.
If you will NOT be claiming any business expenses against that 1099-MISC income, then you can use TurboTax Premier and select the option for "Independent Contractor" so you're not forced to upgrade to Self-Employed.
Otherwise, if you will be claiming any business expenses against that income, then you must upgrade to Self-Employed.

[iinsomn3ac]

Im not self employed or an independent contractor though. This is my only employer.

[Carl]

You're barking up the wrong tree here. Based on the information you provided in this thread the IRS says you're self-employed for that specific money on the 1099-MISC, not me.