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3 Answers

Can I get a W2 and a 1099 for the same job?

Asked by: dtba 1063 views YA Discussion

My husband used to work for a plumbing company that switched to piece work instead of hourly. (Paid by the piece they installed) Well, they paid him his normal paycheck from hourly and what was left over was put towards a 1099. So, we had a W2 and a 1099 to file. Not to mention the 1099 was for $ 4800 on $ 11000 pay. I was told it was illegal for an employer to give both to an employee for the same job. Is this right?

3 Answers

  1. Quick Answers on Sep 12, 2012 Reply

    Get IRS form 8919–there’s a place on the form for situations like this (box H). Your husband owes both income tax and the employee fica/mc on the $ 4800.

    It sounds like the company tried to cut corners and reclassify all of the workers from employees to contractors. The fact that he “used to work” there is telling.

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  2. tro on Sep 13, 2012 Reply

    not when you are being paid for the same work
    it is possible you could work for wages during the day, and then be a security guard for additional hours after work which could be paid as a 1099

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  3. shoredude2 on Sep 13, 2012 Reply

    It’s not illegal to get a W2 and a 1099 from the same job. Many car salesmen get both. They get a W2 from the car dealership and they might get a 1099 from the car company if they sell a certain amount of cars.

    However unless they materially changed the job, what you describe may not be on the up and up.

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