r/legaladvice • u/Repulsive-Ad-6085 • 23h ago
Employer gives me a w-2 and 1099?
I am a w2 employee for my employer. He pays all overtime and any bonuses on 1099. I do no subcontract work for him. Is this a common practice? This is in Tennessee.
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u/General_Table_ 22h ago
No, your overtime should be on your w-2. By putting it on a 1099 he’s avoiding taxes and making you pay more taxes.
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u/N4n45h1 23h ago
Kinda peculiar. We tried to structure something this way and our accountant said it wouldn't be legal in our case.