Paid as a 1099-misc while working as a W-2 employee

Feb 6, 2013
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Hello, all! I have something of a confusing situation.

I worked as a nurse in a doctor's office, which I was promised to be put on as a W-2 employee by January 2012. By April 2012, and continually promises of "next pay period", it still has not happened. The boss them promised me, in front of other employees, that he'd reimburse any of my tax liabilities and I get that in writing.

Yet another broken promise.

Lo and behold, several weeks later, the business goes under, bossy-poo AND his business administrator have disappeared and are incommunicado. Big surprise.

Anyhow, I digress: it's extremely unlikely I will get a 1099 from these people (because it was pulling teeth to get it from them for 2011), which isn't a problem because I've kept clear track of my time and money on Excel.

My issue is: I wasn't a 1099 employee!

I've been reading up on filing a determination with the IRS, however, I see it can take up to six months. I don't really know - does it truly take that long? Should I even bother with Turbo Tax or take it to a professional, and why? Just looking for some input all the pros and cons of doing it either way.

Also, I'm not afraid to sue this ex-employer. He may decide it's easier to reimburse me rather than open up what is, for sure, an ugly can of worms. Just seeing if there may be an easier way to handle this.



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May 12, 2011
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United States
Whether you really should have been a w2 employee is something you can decide if you want to pursue in a legal action. That will take time to resolve and meanwhile it is time to file 2012 taxes. Since you were paid as a 1099 employee i cant see any alternative but for you to file as one (as you have no withholdings). You may want to file an extension (and pay tax on 1099 income) just to keep your options open if your counsel thinks filing a return declaring 1099 income would weaken your case.
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