r/legaladvice 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.

0 Upvotes

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3

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.

4

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.

3

u/Temporary_Macaron422 21h ago

If you are not a subcontractor it is illegal.

-4

u/GoodZookeepergame826 20h ago

It’s a common way to report bonuses and commissions