Currently working as on site property management received a 1099 form stating I am a independent contractor

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Currently working as on site property management received a 1099 form stating I am a independent contractor

Currently working as a on site property
manager for a 16 unit building. I received a
1099 form stating I am a independent
contractor and now i have to pay over 2,600
in taxes. Wanted to know if thats even legal
for them to do.

Asked on June 19, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can find the criteria for when someone is an independent contractor vs. an employee on the U.S. Dept. of Labor website (and similar criteria on the IRS website). Look them up and compare vs. your job. That said, it is likely that you are NOT an independent contractor, and that therefore, the employer should have paid the employer portion of employment tax for you (and provided you any benefits provided to its other employees, like health insurance or vacation or sick days). I practice landlord-tenant law and am familiar with property managers, including on-site ones: the employer has sufficient control over how, when and where they do their job as to qualify them as employees, not independent contractors (they lack the "independence" expected of "independent contractors"). It is possible or even likely that you have been misclassified and should be treated and paid as an employee; if you believe (after looking at the DOL and IRS websites) that is the case, contact the department of labor to file a complaint.


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