My question involves independent contractors in the state of: New York
I am a sales consultant in NY and a 1099 contractor for a company which is based in the DC area. For all intents and purposes, much of my job operates as if I am a full-time employee even though I work from home when I am not on sales calls. I have worked with the company for 1 year and my accountant says that I should be a W-2 employee because of the disbursements that are paid to me including social security, a medical disbursement, expense account, commission and base pay. He said that it all counts as income, for which I got taxed pretty heavily. Are there any legal ramifications to staying a 1099 as I move forward with this job? Also, my boss didn't issue me an actual 1099 form, but a spreadsheet with the year end totals. Is this legal? Since the company is not based in NY, can I still become a W-2?