How can I make a company correct my 1099’s so that I can file amended returns without getting the IRS involved?

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How can I make a company correct my 1099’s so that I can file amended returns without getting the IRS involved?

A company I use to work for through issued my 2008 1099 that included the amount of the first check they wrote me in 2009, and also added that same check amount to 2009’s 1099. I called them to see if they would look back at my 2007 and 2008 file so we could correct this, they said no and that it was my problem.

Asked on November 19, 2010 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

While the company *should* correct, your ability to force them to do so may be limited. More important is that *you* can document the correct amount you were paid each year. If you still have pay stubs, cancelled checks, direct deposit receipts or notifications, and/or bank statements for 2008 and 2009, you should be able to establish and show what you were paid each year. Forms 1099 are not always matched against contractor or freelancer tax returns anyway; and if it is, as long as you have documention by which you can prove what you were paid, you should be in good shape in records to establishing the correct tax liability. The company's 1099 is always less important than the evidence of actual payment made to an employee or independent contractor, since its the actual amount paid that determines taxes owed.


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