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Old 02-15-2009, 11:03 PM
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1099 M vs W2

Hello,
I started working as a nanny in July of 2008 and my employer took 30% out of each paycheck for taxes which they set aside in a savings account. They are now telling me they will give me a 1099M but everything I've seen on the internet says this is wrong and I should receive a W2. I've never had to deal with this before and now I'm concerned that this is not the legal and correct way to do my taxes. Any help would be appreciated.



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Old 02-17-2009, 12:02 AM
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I think your employer is trying to avoid the Nanny Tax! Your employer must issue you a W-2 to ensure compliance with the law. Clearly, your employer is trying to avoid paying the matching social security of 7.65% of your wages and possibly avoiding to pay for the workers compensation premium!

I am not sure that you can compel him or her to issue you one, as it may possibly result in your termination. But,perhaps a gentle persuasion might help. For example it might be in their best interest to stay in compliance with the law especially in case of an injury to you whilst working at their home! Your Workers compensation policy would ensure that you have medical coverage for your injury.

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