Solved: Yes. If you met all the tests to be classified as ...
Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
Announcements
TurboTax has you covered during Covid. Get the latest stimulus info here.
cancel
Showing results for 
Search instead for 
Did you mean: 
leroymcqy122
New Member

I received a 1099-Misc and a w2 from the same employer who treated me as an employee. Should I be ok if I report it on the 8919 with code H?

I am wanting to be sure the information I have researched will be adequate for me doing my taxes correctly. I received a 1099-MISC and a w2 from the same employer. The employer treated us like employees. The employer controlled all aspects of the job.  I match the definition of employee according to the IRS definition of employee. The Employer controlled how I did the job, how trained in doing the job,  how I received my pay, how much paid, and when I was expected to leave for the job.


On the 1099-MISC box number seven is filled out and is the only box filled.


Should I be safe with filing taxes using the 8919 code H?




1 Best answer

Accepted Solutions
JulieR
New Member

I received a 1099-Misc and a w2 from the same employer who treated me as an employee. Should I be ok if I report it on the 8919 with code H?

Yes. If you met all the tests to be classified as an employee and not an independent contractor you are correct to file Form 8919, code H.

View solution in original post

2 Replies
JulieR
New Member

I received a 1099-Misc and a w2 from the same employer who treated me as an employee. Should I be ok if I report it on the 8919 with code H?

Yes. If you met all the tests to be classified as an employee and not an independent contractor you are correct to file Form 8919, code H.

View solution in original post

leroymcqy122
New Member

I received a 1099-Misc and a w2 from the same employer who treated me as an employee. Should I be ok if I report it on the 8919 with code H?

Behavioral Control

If an employer trains and directs work, including hours of work, what tools or equipment to be used, specific tasks to be performed and how the work is to be done, the worker is likely an employee. If the worker can set his or her own hours and works with little or no direction or training, he or she is probably an independent contractor.

Financial Control

This factor includes how the worker is paid, whether the worker may work for others at the same time, and whether the worker can incur a profit or loss. A worker who is paid a salary is restricted from working for others, and who does not participate in company profits or losses, is probably an employee.


Type of Relationship

The presence of a specific contract may indicate an independent contractor, but this factor alone is not controlling. If the worker is entitled to benefits, this would indicate an employment relationship. Another factor would be the type of work the person does; if it is directly related to the company's core work, he or she is probably an employee. For example, a maintenance worker would not be doing 'company' work if he or she were working for a bank.


This is what my employer did. He controlled all of those.

He controlled our hours, he controlled our pay, controlled the duties, and how we were trained. His business was janitorial, and we did jobs included in janitorial services.

If I am correct, since he is basically controlling the workflow as described, wouldn't that be correct as an employee vs. being an independent contractor?
Dynamic AdsDynamic Ads
v
Privacy Settings