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Old 03-19-2011, 11:24 PM
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1099-MISC employee? not self-employed...

I was hired at a company as a contract employee so that they could see if it was a good fit before I was hired on as a full-time employee. I am not self-employed and after three weeks of working as a contractor, I was hired full-time. I received a 1099-MISC for those 3 weeks and am not sure how to file. I am not self-employed and besides the fact that I was not paying taxes at the time and I was not receiving health benefits through this company, I was pretty much an employee. I'm not exactly sure how this works. Any help would be much appreciated.

Thanks!



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Old 03-20-2011, 08:04 AM
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“I received a 1099-MISC for those 3 weeks and am not sure how to file. I am not self-employed and besides the fact that I was not paying taxes at the time and I was not receiving health benefits through this company, I was pretty much an employee. I'm not.”---> Using a 1099-MISC for an "employee" is A VIOLATION OF LAW unless the EE is an independent contractor . Even If the person worked as an employee for even one minute, then a W-2 is required.If you believe that you were hired as an employee, and not an independent contractor, but were given a 1099-MISC instead of a W-2, then you must file Form SS-8 to request that the government decide whether you were really an employee or an independent contractor. If the government decides that you were an employee, then the employer will be required to give you a W-2 .But remember; filing the FORm SS-8 may have the effect of souring the relationship between you , as an EE and your ER.


Last edited by Wnhough : 03-20-2011 at 08:07 AM.


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