I was a full-time, salaried employee at a small, 6-person LLC from 2021-2022. We lived across 3 different states, and around the start of the new year, my employer switched something with their payroll provider (something to do with simplifying taxes and benefits? I'm not entirely sure.) and as a result our first paycheck was paid through Zelle with no deductions. Our regular paychecks resumed at the end of January, all processed through ADP. "At their accountant's advice," they now want me to fill out a W9 so they can issue me a 1099 for that first paycheck.
This doesn't sit right with me as that would hold me responsible for the employer portion of taxes. I was planning on including that paycheck under the section for additional income not included on W2, so I don't see why they need anything from me. My W4 has been on file since 2021, so they technically already have my SSN even if they wanted to send me a 1099. I've also never filled out any additional tax forms since I was hired.
Sending me a 1099 is illegal, right? Do I ask them to send an amended W2 to include that paycheck? What if they refuse?
Side note: They have intentionally misclassified workers as contractors before, and are already in tax trouble for that. One of my old coworkers just got a W9 request as a full-time employee for the same reason as me. I haven't worked there in months, but they're shady people and I wouldn't be surprised if they're trying to pull one over on us.
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Can they issue a 1099 ... sure. Is it right ... probably not. What can you do about it ... file it as is should have been listed on a W-2 ... the TT program will walk you thru this in the 1099 entry section. You will also need to paper file an SS-8 form with the IRS to report this "employer". Or you can simply accept that part of your income is on the 1099 if you don't want to make a fuss. If they did this to a lot of employees then you all need to report them so they learn a lesson.
Here's more info on Form 8919 and SS-8 you may find helpful.
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