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Im a W2 employee who was issued a W2 for my base salary, but issued a 1099-NEC for commissions, is this right, legal? I performed the sales duties as an employee.

 
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Vanessa A
Expert Alumni

Im a W2 employee who was issued a W2 for my base salary, but issued a 1099-NEC for commissions, is this right, legal? I performed the sales duties as an employee.

If you are an employee and are performing the sales duties as part of your employment, then your commission should be included in your W-2, not on a 1099-NEC. 

 

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