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Question 225: I worked as a commissioned sales person. Commissions from company A were reported using a Form W-2, but commissions from all the other companies were reported on Form 1099. The owner of company A held 100% ownership in all of the companies and directed each company. All companies were in the same office space. Shouldn't all commissions have been subject to reporting on a Form W-2? I think the way it was handled will limit my retirement contributions. |
Answer: Consistency may be the hobgoblin of little minds, but it is the sine qua non of dealing with the IRS on employee issues. (Hmmm. What does that say about the IRS? Oops, I didn't say that.) For more on determining whether you are an employee or an independent contractor, see chapter 2 of my book, Who's the Employer. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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