U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Economics > Business
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 10-29-2010, 11:29 AM
 
54 posts, read 166,428 times
Reputation: 84

Advertisements

Hi all, just curious...can an employer classify you as a non employee and an employee at the same time? Is that fairly common?

What if the previous year you were only classified as an employee by the same company? I received a weekly paycheck for hourly pay while working for them btw.

My employer filed a 1099 as well as w2 to IRS but the previous year only the w2 was filed. It just seems odd that I would be classified as an non employee, (independent contractor) AND an employee at the same time for the same company one year but not the next.

Appreciate any thoughts...
Reply With Quote Quick reply to this message

 
Old 10-29-2010, 12:01 PM
 
Location: Tigard, Oregon
863 posts, read 2,583,252 times
Reputation: 669
Were taxes take out of your check? They may not have been, hence the 1099.
Reply With Quote Quick reply to this message
 
Old 10-29-2010, 01:27 PM
 
10,139 posts, read 23,282,770 times
Reputation: 8290
Your status as an employee is determined by what you do and how, not who you are. A simple example is if you worked as an hourly truck driver during the week, but had a body shop in your garage where you fixed the employer's trucks by bids on the weekend you would be both an employee and an independent contractor.

If you are receiving compensation as an employee where the employer directs the work and/or you are paid by the hour, all of your compensation is employee compensation.

Having said that, there are various types of payments that the employer may make to you that are not wages and are properly reported on a Form 1099.
Reply With Quote Quick reply to this message
 
Old 10-30-2010, 11:04 AM
 
54 posts, read 166,428 times
Reputation: 84
Quote:
Originally Posted by zoso1979 View Post
Were taxes take out of your check? They may not have been, hence the 1099.
Yes, taxes were taken out of my paychecks - which are on the W2 form I received.

The company I worked for is a pet sitting company which typically hire people as independent contractors. The company I worked for however, went out of it's way to mention it is the only one who has hourly paid employees and not independent contractors. This is why the 1099 seemed odd to me. The 1099 form also has the exact same amount as the W2 form for total gross earnings and again, no 1099 the previous year.

I was hoping to avoid contacting the boss, (I'd quit because I didn't like some of their business practices & never wanted anything to do with them after) but I will have to contact them to find out this reason. Someone had mentioned to me about filing a form 8919 - SS-8 to the IRS but the fact I also got a W2 with the 1099 makes me not sure about that. I was classified as a regular employee as well as indy contractor.

Thanks for the help!
Reply With Quote Quick reply to this message
 
Old 11-02-2010, 12:03 PM
 
1,327 posts, read 3,344,559 times
Reputation: 1012
Quote:
Originally Posted by zabala View Post
Yes, taxes were taken out of my paychecks - which are on the W2 form I received.

The company I worked for is a pet sitting company which typically hire people as independent contractors. The company I worked for however, went out of it's way to mention it is the only one who has hourly paid employees and not independent contractors. This is why the 1099 seemed odd to me. The 1099 form also has the exact same amount as the W2 form for total gross earnings and again, no 1099 the previous year.

I was hoping to avoid contacting the boss, (I'd quit because I didn't like some of their business practices & never wanted anything to do with them after) but I will have to contact them to find out this reason. Someone had mentioned to me about filing a form 8919 - SS-8 to the IRS but the fact I also got a W2 with the 1099 makes me not sure about that. I was classified as a regular employee as well as indy contractor.

Thanks for the help!
To be an independent contractor you would dictate your own hours (to a degree). You would have your own tools, and cover your own expenses. You also get paid by the job, not by the hour. Many groomers are considered independent contractors and recieve a 1099 form.
I worked at a kennel in FL and the owner paid me as an independent contractor while I was working in the kennel. She did this until someone turned her in (wasn't me) and she had to legitamize her business. She was mad because she was then responsible to pay payroll taxes and FICA. It sounds like they are just trying to save some money, but they would be liable for back taxes if they are caught.
Reply With Quote Quick reply to this message
 
Old 01-20-2011, 12:51 PM
 
Location: The Republic of Texas
66,461 posts, read 33,763,754 times
Reputation: 14227
Yes and no. It depends.

Do you have a company DBA'ed?

Theoretically you could be on the clock for part of the day where your employer has control over you in any way, and then after you clock out, your own independent business is hired (but not your name unless it is not identified as a social security # but as a DBA'ed tax payer ID #). You work under a specific contract for a set amount for each project to completion. They cannot provide your help, tools, training, set your hours or your ability to subcontract the work they have a contract with you for. It is your business and your contract, not theirs for you to sign!!!!!!! Beware of this scam!!!!
That is like you owning a car dealership business and someone comes in with their own contract to purchase from you.

It is all about control in the end.
The more that separates you from the employer, the better to prove you are independent from that other company that does not have the workforce to provide the labor themselves. In otherwords, you are working for your competition.
Reply With Quote Quick reply to this message
 
Old 01-20-2011, 02:35 PM
 
Location: Northern MN
3,869 posts, read 13,093,039 times
Reputation: 3568


Independent Contractor (Self-Employed) or Employee?
Reply With Quote Quick reply to this message
 
Old 01-21-2011, 09:43 PM
 
Location: Troy, Il
764 posts, read 1,416,152 times
Reputation: 528
Yes you could, many people i know get a salary and a day rate.
Reply With Quote Quick reply to this message
 
Old 01-25-2011, 05:00 AM
 
1,097 posts, read 3,582,242 times
Reputation: 646
Wait, you received a w2 with all your wages For the year and also a 1099 showing the same amount? I don't think this is a worker classification problem. Sounds like an error on the part of the business but unfortunately they have reported your income incorrectly to the IRS. You should contact the business to get them to correct the 1099.

If this were an employee/independent contractor issue you'd just have a 1099 or you'd have a 1099 for part of the year and a w2 for another part.

It's legitimate for a business to 1099 you for income from which they haven't deducted taxes, like a bonus.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics > Business
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top