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Employer Issues
Reply to "Give Nanny 1099? Is this legal?"
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[quote=Anonymous]22:16 here. Did your employer withhold at the time of paycheck? If no, it sounds like they are trying to pay legally, if somewhat confused, and are offering to cover half of FICA tax that a 1099 employee would be responsible for. In other words, not quite right, but they are trying not to screw you. I'd ask them to give you a w-2 instead. If you want to continue in good faith, you would then return the half of FICA directly to them and they would pay it to the IRS on their regular tax bill. You are completely legally entitled to file a W-2 and just leave then responsible for all the FICA. But if they are trying to do right by you, that doesn't seem quite right.[/quote]
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