<prompt> Human: I am the only employee for a small company. Says he wanted to pay me as W2 from the start but due to his own taxaccounting issues says he cant and has given me a 1099 instead. Done this two years in a row. He has been taking the taxes out all along, not handing it over the gov. right away I think thats how it works.To account for this, he then gave me a lump sum at the end of the year for the taxes he took out plus the extra that is owed to pay 1099. This has benefited me, I believe, because I am able to have more write-offs.Now I am in the third year, and he has been paying me still at the normal taxed W2 rate. He said he was not going to do 1099 this year. However, I plan to change jobs soon. 1 Is he obligated to give me a W2 when tax season rolls around? 2 Or is obligated to give me that 1099 lump? 3 Or do I file 1099 myself, and report only the taxed rate as my earnings? Though he OWES me in that case. 4 What if he refused to give me a W2?  <response>: Everything about this situation is shady. When your employer withholds payroll taxes that money is supposed to be deposited with the government along with the employer contribution within days of the end of a pay period. Failure to deposit payroll taxes for an entire year would expose your employer to some pretty major penalties. If your employer is giving you paystubs showing taxes withheld and not depositing the taxes, that is evidence of a crime. Hang on to those paystubs. If you dont get paid every penny youve earned and dont get proper reporting of your compensation, those paystubs can be used to put your employer in serious hot water. Also, get out of there. If the company cant get a 1-employee payroll right there must be other big problems. 