Received W-2 instead of 1099-NEC

[amir_natan]

Hello,

I have income as an employee to a company and I receive W-2. I also have self-business of acting. For the acting one company sent me 1099-NEC. However the other sent me W-2 (they marked Retirement Plan in box 13).

How can I report the W-2 income as income for the acting? Right now when  I am adding the W-2 it just adds it as an additional W-2 income to my main income and not to my acting income.

[Anonymous_]

The facts you stated are not entirely clear.

Did you receive two W-2s and one 1099-NEC? From whom did you receive each tax reporting statement?

[Opus 17]

Whether you are an employee or an independent contractor depends on the working relationship between you and the employer.  

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

If acting job #2 sent you a W-2, then they classified you as an employee, not a contractor.  You report the W-2 as normal.  It is considered separate and apart from your other work as an actor where you were treated as an independent contractor.  You can't deduct any work-related expenses for acting job #2 on your schedule C.  

If you want to contest the classification as an employee, you still have to file your 2023 tax return as if you were an employee.  Then also file a form SS-8 to request an IRS determination.  If the IRS issues a determination letter that you were an independent contractor, you will file an amended 2023 return to report your income and expenses from acting job #2 as self employment on schedule C, and remove the W-2 for acting  job #2.

https://www.irs.gov/forms-pubs/about-form-ss-8

[rjs]

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@amir_natan wrote:

How can I report the W-2 income as income for the acting?

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You cannot report the W-2 income as business income. There is no way to do that. It's just another job where you are an employee.

You have to clarify the nature of the relationship when you first start an acting engagement.