Is it legal for an employee to receive a W2 as well as a 1099 from an employer?

Fr_Chuck

What is the 1099 for, travel expenses, ?
Were you a employee part of the year and a contract employee part of the year.

there are many reasons you can recieve both, please tell us what type of employee you are, and what the money in each are for.

lwester

I am a W2 Administrative Assistant, then when I put my sales-cap on, my boss and I split commissions. I receive 1099 commissions typically from the insurance carrier direct. One carrier wouldn't split commissions for us and paid him directly, therefore he wrote me a check for my split. So essentially I have two roles at the office.

Fr_Chuck

Yes, this is not uncommom at all. You are a commssion sales person, so basicly they give you comission which they do not hold taxes out of , and your pay which has taxes held out of it.

The company could have merely paid you the commssion money in your pay and held taxes out.

But I will say, are you a licensed insurance agent?? In all the states I have sold insurnace in, it is illegal to split commission unless the other party is a licensed insurance agent. I will assume you are licensed.

But yes, you can recieve both,

lwester

Yes, both myself and my boss are licensed insurance agents. Do you have any websites or documentation that would state what you are telling me? His accountant firm is not wanting to do this..... which is obsurd!!!!!!!!!!!!!!!! Thanks for your help!