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-   -   1099 Illegal? (https://www.askmehelpdesk.com/showthread.php?t=397298)

  • Sep 17, 2009, 12:49 PM
    jen83VA
    1099 Illegal?
    Hi:),

    I started working for a construction company in 2008 and have been laid off in June of 2009. I applied for unemployment benefits in VA and the are now investigating my 1099. The owners have also given 1099's to all their employees but I am the only one who wasn't working in construction. (I don't think that they are licensed contractors either. Mostly workers with work visas from El Salvador etc)

    I was an Office Manager for them and stayed at their office.

    I am now dating the co owner and am afraid that he might lose his company now because I filed. :(

    Can a company give a 1099 to a secretary for pay?:confused:

    -Jen
  • Sep 17, 2009, 01:11 PM
    Cedarln2265

    Why would Va investigate your 1099? When you get a 1099, you pay all the taxes due on the amount listed on the 1099. You did put the 1099 amount on your 2008 return yes?
    If the company lists you as a temp contract worker, they can. They can anyway, but it's frowned on by the IRS , etc.
  • Sep 17, 2009, 01:18 PM
    AtlantaTaxExpert
    Jen:

    Yes, they can hire you as an independent contractor as an office manager. However, independent contractors cannot claim unemployment compensation, because, by definition, they are NOT employees.

    You can probably stop the investigation by withdrawing your unemployment benefit application.

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