Can I contest a 1099-misc form sent to me by a business?

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Can I contest a 1099-misc form sent to me by a business?

I was working “off the books”. I left on a bad note I’m not even allowed on the property. I guess this is them retaliating for me leaving abruptly. I would just pay the taxes but the problem is I was collecting unemployment benefits. What should I do?

Asked on January 31, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were working "off the books" you were violating the tax law (and so was your company, for that matter). On what grounds would you contest the form--that you and the company had agreed to pay you under the table, so you could escape you legal tax obligations? Unless the basis for contesting a 1099 is that either 1) they sent it to the wrong person--they got you mixed up with someone else, and you didn't work--or 2) they calculated the number wrong, there really is no legal basis for contesting it.

Of course, you have also committed fraud on the unemployment office, by collecting unemployment when employed. Your only legal course of action is to come clean about the situation and pay the amounts owed, fines, etc.; anything else would be illegal.


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