Question

Misclassified as 1099 in 2017

Forum|Forum|6 years ago
July 8, 2019
1 reply
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I was classified as a 1099 in 2017. I knew that going into it, so it wasn't a complete surprise, but I didn't fully understand what it meant. I know they were just doing it to save money. I worked for the same employer in 2018 and 2019 as a W-2 and I know that everything I did should have qualified me for W-2 during 2017. Since I've already paid the medicare and social security taxes for 2017, is there any way that I can recover those taxes from my employer and is there statute of limitations on this? I'm not sure if I need to file an SS 8 for that year and then file a 1040x along with it? Let me know if you can help!

Critter

Employee

First you file the SS-8 and await a determination from the IRS ... if they agree with you then you can amend the return for the employer's 1/2 of the FICA taxes. Be aware that if you are still working for that company they will not be happy that you turned them in.