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    seattleactor's Avatar
    seattleactor Posts: 1, Reputation: 1
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    #1

    Jan 24, 2013, 02:25 PM
    Receiving a 1099-misc when I should be getting a w-2
    Hi,

    I received a 1099-misc from my talent agency for an acting project, but according to my pay stub from the production company that I worked for, I've already paid taxes on it. Shouldn't I be getting a w-2 from the production company instead of a 1099-misc from my talent agency? I don't work for the talent agency as an employee or an independent contractor... as far as I know. It seems I'd have to pay taxes (SS, medicare) again with the 1099-misc.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Jan 24, 2013, 02:32 PM
    You get a 1099 if you are an independent contractor, in which case you are responsible for paying the taxes yourself. You get a W-2 if you are an employee. If you have an agency, they may be providing services for you including filing your estimated quarterly taxes on your behalf, required if you are working as a 1099 worker. If they have done so, they need to provide you with the proof that they paid the taxes on your behalf by giving you copies of the check or proof of an electronic payment, along with the quarterly estimated tax form that they filed.

    My concern in this scenario is the possibility that, if they are not honest, they possibly took taxes from your payment but did not pay them for you, so you'll need to follow up on that.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 24, 2013, 04:27 PM
    DontKnowNuthin is probably on to something about what the agency is doing, espcially if the withholding is NOT reflected on the Form 1099-MISC that you received.

    Follow his advice.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #4

    Jan 24, 2013, 05:00 PM
    Is the 1099 showing the gross amount that your paystub shows?

    Be seriously firm with the talent agency, suggesting that your reporting this could get them in big trouble with the IRS and the Dept of Labor (true). And do it soon, because if they sent it in already, it can take YEARS to resolve - I know from experience.
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