Should not have received 1099 NEC

[wldncrzy1971]

As a bartender of a restaurant I have learned they lumped under their 501(c)3, my ex employer put part of my wages on a w2 and part on a 1099 NEC that I should NOT have received! I am not an independent contractor. Nor did I receive any income that was not wages or tips. I was a W-2 employee the entire time I worked there. I never received a bonus, etc that would constitute a 1099 in any way, shape, or form. I think they are again trying to get out of paying taxes on their end. They have a history of not paying for overtime hours and withholding tips from servers and bartenders. How do I resolve this and file my taxes if the ex employer won’t return my calls?

[MayaD · Accepted solution]

If the income on form 1099-NEC is for wages that should have been reported on a W-2 form and you can't get your employer to correct your form, add your 1099-NEC under and then check the box that says ‘these wages should have been reported on my w-2’ .

 To enter your Form 1099-NEC in TurboTax:

1. Sign in and open or continue your return.
2. Search for 1099-NEC and select the Jump to link.
3. Answer the questions and continue through to enter the information from your form.
4. On the screen Does one of these uncommon situations apply? check the box that says Employer reported that extra money on a 1099-NEC but should have been reported on my w-2’ 
5. On the screen Filing form 8919 check That you received a form W-2 and a form 1099-NEC But all the income reported on form 1099-nec should have been included on form W-2.

Your return will include form 8919 to figure and report your share of the uncollected social security and Medicare taxes due on your compensation if you were an employee but were treated as an independent contractor by your employer