<prompt> Human: So backstory here... i worked for a smaller construction company for almost 2 years. Was going well until it wasnt. The last 6 months there were bad, poor leadership, missed payrollsome as bad as 8 days late, losing contracts, and layoffs.I finally quit in early December because he failed to pay us on time AGAIN. left on semi-decent terms. company is still running but barely Main Problem! I got my w2 but then a few days later got a 1099-misc with one months wages in the nonempolyee comp box7. Asked around to former coworkers and they got the same thing, some of who still work there.i contacted HR one person who does everything in the office and she said to just file it as a subcontractor and that why we didnt get paystubs for December.So should i have to pay taxes as a contractor when i NEVER signed anything or did any contract work for them?December was a rough month for them because when i quit he lost my crew and the jobs i was on. i have a sneaking suspicion that he is just trying to save his taxes and screwing his employees by making us pay for it.Any help would be great. This would mean the difference in having to pay or not this year.Assistant: Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax WithholdingIs what you should be filing with the IRS.In my professional opinon, you have been illegally misclassified. In fact, issuing a W2 and a 1099 to the same person is basically an instant audit flag. Id be more surprised if they DIDNT get audited just as soon as those conflicting forms hit the Very Old Computer. Bad news is youre still on the hook for the taxes, assuming you didnt actually pay any that month. Even though what theyre doing is illegal, you still never paid any taxes and you still owe those same taxes. But... Its not an actual monetary change from what would have happened if you had been paid properly.Human: So would you suggest filing as a subcontractor for the 1099 and fill out the ss-8 and then just let the IRS work it out for themselfs or should i contact them in some other way to make sure im safe.I didnt realize that i would have paid the same taxes anyways that clears things up.Thanks!  <response>: You would have to pay more taxes if you let this be 1099 unchallenged, because Social Security and Medicare for self-employment income is about 14.1, instead of the usual 7.65 you pay. So dont handle this as 1099 on a Schedule C.You might want to look instead at Form 8919 instead of Form SS-8. That has a code H that you use if I received a Form W-2 and a Form 1099-MISC from this firm in 2017. The amount on Form 1099-MISC should have been included as wages on Form W-2. It says if you use that code H, you dont file Form SS-8.When you fill out Form 8919 you end up paying just the 7.65 for Soc Sec and Medicare that you would pay if you had gotten the income on W-2. So you let the IRS take it from there and you dont have to pay self-employment tax rates. 