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  1. #1
    Join Date
    Mar 2009
    Posts
    3

    Default 1099 Received for W2 Income

    Hi,

    My employer is trying to 1099 me for what should be W-2 income. I've done the research and discovered that I can file SS-8 and 8919 to deal with this. However, when I informed my employer of this, he offered to just write me a check for his half of FICA and then I'll just pay as if the 1099 was correct in the first place. Is that a legal move? Honestly, while I'm pretty annoyed that my employer messed this up in the first place, I have no desire to get him in trouble with the IRS so if there's nothing wrong I'd be happy to go with this arrangement.

    I've looked everywhere and can't seem to figure out whether or not this is ok - I would think it's just as legit as settling a case out of court, but I want to make sure before I do it.

    Thanks in advance.

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: 1099 Received for W2 Income

    If you agree that you are an independent contractor under that arrangement then there is likely to be no negative consequence other than the fact that you will not be covered under worker's compensation insurance or unemployment insurance. The IRS only determines another status if they are asked to do so via the SS-8.

  3. #3
    Join Date
    Mar 2009
    Posts
    3

    Default Re: 1099 Received for W2 Income

    Thanks for replying Bubba Jimmy. Would there not be any issues of bribery/obstruction of justice or anything of the sort because I'd be saving my employer from paying penalties?

    It's possible I'm being paranoid, but I'd really like to get this whole thing outta my head.

    Thanks again,

    Dublin

  4. #4
    Join Date
    Mar 2009
    Posts
    3

    Default Re: 1099 Received for W2 Income

    Any more help on this? I'd really appreciate if anyone knows the answer, this had been quite an annoying issue for me and I'd love to put it behind me.

    Thanks,

    Noam

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