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Old 01-30-2017, 02:15 AM
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Was given a 1099 even though I was an employee

I received a 1099-misc from a past employer but I was under the impression I was an employee and not an independent contractor especially after I told my employer I did not want to get a 1099 at the end of the year and they agreed and started taking taxes out of each check afterwards. Also I had federal, state, social security, and medicare w/h from 7 out of 10 of my checks. I contacted the accountant and he told me since the 1099 shows my federal and state w/h(he added my Federal and FICA W/H together) that it didn't make a difference, but it makes a huge difference, a $200 refund difference...He also has the incorrect federal w/h amount. I am not sure where to go from here. He told me that it wasn't practical to file a w-2 because I only had 4 checks with everything withheld(not true it was 7) I had a total of $535 in "contract labor" (only 3 checks weren't taxed at all) not $3,185 like hes claiming on the 1099. I honestly don't think hes wanting to do things the right way. The accountant is wanting write off my 1099, get the company to refund me the taxes I paid out of my checks and so he can file for a refund on what the company paid in. Why won't he just give me a w-2 like he was supposed to from the beginning and then a 1099 for the un-taxed wages? I would much rather not double pay on my taxes. The SE tax on the 1099 given would be $450 vs the $75 that I really owe. I also have all my check stubs showing exactly how much was taken out of each check..I file my own taxes every year I don't want to have to go to H&R block and pay to have this mess sorted. Thanks.

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