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posted Apr 4, 2022 10:34:39 AM

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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1 Replies
Expert Alumni
Apr 4, 2022 10:47:04 AM

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. 

 

For the best way to handle this, follow the steps of Champ RJS in this link