I just wanted to see if anyone had any input for me on this subject..I`m getting paid on a 1099, I work out of the companies office, they cut me a check every week for my salary..(i do get a set salary from them as well..) its just weird to me and I would love to know what my rights are..can anyone give me any experiences or feedback on this?? thank you all..I`m in NYC..
2006-07-24 10:27:43 · 6 answers · asked by dominickmd 1 in Business & Finance ➔ Careers & Employment
Well the law states if you have set hours you have to be there and they tell you the jobs you must do you are an Employee (W2) If you can come in when you want take on the jobs you decide on you are a Sub Contractor (1099) The problem is by what you describe you may be both by receiving a salary and using a office unless yoiu pay for that space you are an employee(W2) if you must pay for the desk you are a sub (1099) hope this helps
2006-07-24 10:34:27 · answer #1 · answered by Gary D 1 · 0⤊ 0⤋
If they gave you a 1099 for a specific project but are also withholding taxes on your salary, I don't think that they can do this and are subject to a penalty. They can also be subject to a penalty if you are working as an employee but are paying you as an independent contractor. Check it out at... www.irs.gov/businesses/small/article/0,,id=99921,00.html. If you feel they are in error, talk to the company first then and if they won't budge, call the IRS. Remember, the perks of being an independent contractor is that you can work the hours you want to work and they cannot control how you do your job, just the result. The bad news is the self-employment taxes.
2006-07-24 11:10:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
1099 is used when a company hires a sub-contractor. That is a person who performs work for them outside of the office of the company and the company's management do not have direct control over the work of that person-they do not supervise, direct that employee. That type of job could be on a short term or long term basis. But if the company has a control over the job and the person, even though he is woking outside of teh office, then the company has to put that person on W2 payroll. By doing 1099 the company saves money on the payroll taxes tehy would have to pay to the employee, if he was on w2, also that employee (on 1099) do not have the right to any benefits the company may offer neigher unemployment , if the job is lost.
2006-07-24 10:35:31 · answer #3 · answered by fasb123r 4 · 0⤊ 0⤋
Yeah, as far as I know, if you're getting a 1099, you're employed as a contractor. Are you doing additional jobs outside of your regularly scheduled work that the company pays you as a contractor for, rather than paying you overtime? I'd definitely have your local friendly tax attorney or service (HR Block, etc) look over your specific situation to give you more specific guidance and what your rights are.
2006-07-24 10:37:54 · answer #4 · answered by Woz 4 · 0⤊ 0⤋
If she gave you a 1099-Misc as a methods as a results of fact the IRS is concered you're an self sustaining Contractor and you're able to desire to report as that. that's no longer W-2 earnings as she did no longer declare you as an worker. you nonetheless could desire to report(and pay) any taxes via April seventeenth or you would be assessed outcomes and interest. you apart from mght could desire to be conscious of that she did no longer withhold any taxes from you and you'd be concern to the Self Employement Tax. this would possibly not somewhat consequence you, yet whilst your Employeer is doing this she ought to get in severe hassle with the IRS. there are specific rules as to no count if somebody is an worker or IC. the biggest is that in case you labored at her region and not on your place there's a competent possibility she could be claiming you as an worker. that's education that your employeer could discover usefull to determine while you're actual an self sustaining Contractor.
2016-12-10 13:39:20 · answer #5 · answered by ? 3 · 0⤊ 0⤋
See page 6 of the Employer's Supplemental Tax Guide. Most likely this employer has mistakenly labeled you as an independent contractor. You should be able to work out something beneficial to you, as they are liable to pay taxes, penalties and interest for their incorrect classification.
2006-07-24 10:37:53 · answer #6 · answered by Ethan 2 · 0⤊ 0⤋