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New Member
posted May 31, 2019 9:05:37 PM

I worked for a tow truck company and made 3000 dollars. He says I did not work there long enough for him to have to legally send me my 1099 what to do? I need it

Owner refusing to give me 1099-misc what do I do.

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7 Replies
New Member
May 31, 2019 9:05:37 PM

Did you work for the company or where you a contractor for the company? If a contractor then you should get a 1099, if you were an employee of the company then you must get a W2.

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

New Member
May 31, 2019 9:05:38 PM

I worked for him 6 days a week for a month and a half making about 3000 with no taxes taken he said he legally does not have to give me a 1099

Level 15
May 31, 2019 9:05:40 PM

What did you do for the company?    Driver, mechanic, etc?  Did you supply your own equipment, tools, truck, etc?

New Member
May 31, 2019 9:05:42 PM

I was a tow truck driver it was his company tow truck

Level 15
May 31, 2019 9:05:43 PM

Then is would appear that you were an employee and not a contractor and should have been issue a W-2 and paid his share of the employment tax..   If you want to maintain a relationship with the company sometimes it is better to just eat the tax yourself and report the income as self-employed income the same as if a 1099-MISC had been provided, otherwise this is the IRS procedure to follow.     The IRS can impose fines on the company for failing to follow Federal tax laws and the employer probably will not be happy about it.

See this IRS article that addressed your situation.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/missing-form-w2-irs-can-help">https://www.irs.gov/uac/missing-form-w2-irs-can-help</a>

New Member
May 31, 2019 9:05:43 PM

Yea I can't stand him or the company it's a joke of a company... do i am gonna go the it's fining him route

Level 15
May 31, 2019 9:05:45 PM

I edited my comment to provide the 2016 IRS link.