<prompt> Human: I was an employee of a subcontracting firm deployed to Afghanistan from Dec 2015- Dec 2016. Originally i was a w-2 however my employer never filed my w-2. Now, after threatening to report him to the IRS for tax fraud, he has told me he didnt know how to file for my state so he is just putting me through as a 1099 and returning my withheld taxes. i have a couple issues with this.1. As an employer doesnt he have a 7.2 tax burden.2. If so, because i was outside of the US for over 330 days and am exempt from taxes, and he only returned my share doesnt he technically owe me that 7.2 3. He also emailed me around my 6 month mark offering to bump my pay 10k for switching to a 1099 because his additional tax burden. Since he involuntarily switched me shouldnt I receive the pay bump? Assistant: He is not your employer if you are a 1099 worker. The way you describe yourself as an employee shows that you should be getting a W-2.Human: When i was hired he gave me the option of being a w-2 employee or a 1099 independent contractor. I chose w-2 because I wasnt going to make the foreign earned income exclusion, however things changed and I did. He gave me a 1099 because he said he didnt know how to file a state section of a w-2 which im pretty sure is illegal to do.  <response>: You dont get to pick whether your a 1099 or a W2 employee. What your boss requires you to do, when to do it, how to do it is what determines if your a w2 or 1099 