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    famlawparlegal's Avatar
    famlawparlegal Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 7, 2010, 11:29 AM
    Can by boss give me a 1099 and then change his mind and give me a W-2?
    I worked for over a year for an attorney who classified me as "contract" employee. Under the law, I was not a contract employee, but I needed the job and kept my mouth shut. The attorney is suffering from early onset Alzheimers and I quit the job. Now I can't get a correct 1099 and I've asked for a correct 1099 three times now. He has filed all three 1099's with the IRS and NOW I just received a W-2 with the income reported and purportedly he paid the SS tax and Medicare tax. What am I supposed to do now. The W-2 is still wrong by about $780 - help!!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 7, 2010, 11:39 AM

    Is the W2 you finally got, over or under by the 780??
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Feb 7, 2010, 11:52 AM

    On W-2 income your employer must withhold FICA taxes at 7.65%. So your W-2 take home income is 1099-misc income minus 7.65% of 1099-misc income.
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