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My employer considered me 1099 but I am an employee. Can I correct this & be repaid what I paid for last year's taxes?

Austin, TX |

My employer classified me as 1099 instead of w-2 last year. I already paid the taxes and came up with some deductions to help offset what I owed. The problem is that I am a receptionist at a salon. I have been told by my friends that I should be considered a w-2 employee. How do I correct my tax filing for last year and this year and is there a chance that I will get money back from my current employer and/or the IRS? This

Attorney Answers 3


Yeah I don't see how a receptionist is an independent contractor.

Since your issue is only about the taxes you paid you should consult with a tax lawyer and/or CPA about filing the correct forms to ask the IRS to make a determination. You could also contact the Texas Workforce Commission and see if there is a way to make a complaint about the classification.

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Mr. Kielich has given you excellent advice. You should hire him.

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The IRS--as well as state tax/workforce authorities--are becoming increasingly interested in the (mis)classification of employees as evidenced by the Voluntary Classification Settlement Program (VCSP). The VCSP is an amnesty program of sorts and permits Employers to reclassify Independent Contractors as Employees with minimal penalty. I'm not sure if this is a program your employer would be interested in participating in. Alternatively, the IRS has set-up a Whistleblower program for misclassified employees. As the name suggests, this program requests misclassified workers to report the misclassification in exchange for amended tax treatment and in certain circumstances a reward. I suggest you seek the expertise of a local tax attorney for assistance in your matter.

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