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Originally Posted by Alison Hello, I have a problem with my summer employers from last summer. They paid me "under the table" for three and half months last summer. This year, 2 days before taxes were due, I received 1099s and a note apologizing for the lateness and the new need to file taxes due to fear of being audited. I was being paid $400 per week even though I worked late nights and overtime frequently. I dont think it's fair that they are suddenly deciding to report my income as freelance contracting even though I never signed anything or agreed to it in the first place. I'm a student who was hired as a "summer intern", all parties agreed that it was supposed to be a learning experience for me, that's why I was paid so little to begin with. I would like to be filed as a W2, but I'm not sure what my rights are. When I brought up the fact that I wasn't able to plan or budget for these unexpected taxes, they asked that I "work off" the taxes. I don't think this is fair. Please let me know what I can do in this situation. Thanks, Alison |
another thing to look at is whether or not you should be 1099'd in the first place. If the employer directed how and when the work was to be conpleted, not just that it gets completed, then he has control over your operation as an employee rather than an independent contractor. Maybe you can get w-2 status. Alot of this 1099ing is going on to avoid having to pay FICA and the IRS is watching it.