Both petitioners already have their W-2s and the related form 1040. According to them they have never seen form 1099 before and both thinks that it won't be necessary since all their income and employment info are already stated on the 1040 and W-2s. I would like to know if it is mandatory to submit the aforementioned form (1099) and if so , what is its purpose?
Form 1099 is given by employers to "independent contractors" , those the employer does not consider employees on payroll. It does not apply to you in your situation since with your W2s on hand you prove you are full-fledged employees on EMPLOYER'S payroll. One is usually required to furnish either a W2 or 1099, bit never both.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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