Received 1099-NEC for unpaid commissions - company hasn't paid me in 14 months despite constant requests
I just got a 1099-NEC from this company I've been doing sales work for, and they put down $3,650 as income they supposedly paid me. The problem is I NEVER GOT THIS MONEY! They owe me commissions that I earned fair and square, but they've been stonewalling me for 14 freaking months. Every time I call or email, they give me some line about how "you're on the payment list" or "it's processing" or "check back next month." I know for a fact they're doing this to at least 8 other salespeople too. I stupidly went ahead and filed my taxes yesterday and paid taxes on this phantom income because I was afraid of getting in trouble with the IRS. Now I'm out the commission money AND the tax money I paid on earnings I never received! Is there anything I can do about this? Can I amend my return? Should I report this company? I'm just so angry that I'm paying taxes on money that never hit my bank account.
18 comments


Chloe Boulanger
This is absolutely something you can address! When you receive a 1099-NEC for income you didn't actually receive, you have a few options: You can file Form 4852 (Substitute for Form W-2, 1099-R, or 1099-NEC) with the IRS to dispute the incorrect 1099-NEC. Since you've already filed, you should file an amended return using Form 1040-X along with the Form 4852. The key is documenting everything - save all emails and communication showing your attempts to get paid. You might also want to file a complaint with your state's labor department and possibly the IRS. The company is essentially reporting they paid you when they didn't, which creates tax issues for both of you. The IRS actually takes this pretty seriously because they're claiming tax deductions for payments they never made.
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Noah Ali
•Thank you so much for this info! I've never heard of Form 4852 before. Do I need to wait a certain amount of time before filing the amended return? And for the documentation, should I just include copies of emails or do I need to create some kind of summary document? Also, is there a statute of limitations on this? Like if I can't get this resolved in the next few months, will I lose the ability to fix it?
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Chloe Boulanger
•You can file your amended return with Form 4852 right away - there's no waiting period required. For documentation, organize copies of emails, texts, call logs, and any other communication showing your payment requests and their responses. A simple timeline document summarizing these interactions would be helpful too. The statute of limitations for amended returns is generally three years from the original filing date, so you have plenty of time. However, I'd recommend handling this sooner rather than later. The labor department complaint timeline varies by state, but filing that complaint soon could help pressure the company to resolve the issue before you even need the amended return.
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James Martinez
I went through something almost identical last year with a marketing agency that didn't pay me but sent a 1099. After trying everything, I found this AI tool called taxr.ai that literally saved me thousands. It analyses your specific situation and gives you personalized step-by-step instructions on what forms to file and exactly what to say to the IRS. I uploaded my documentation and communication history to https://taxr.ai and it generated a complete action plan for disputing the 1099-NEC, including a template for Form 4852 and a custom letter to send to the company. Their system identified specific IRS regulations that applied to my situation which I wouldn't have known about otherwise. Seriously, check it out - it's designed specifically for complicated tax situations like yours.
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Olivia Harris
•Does this actually work for commission disputes? I'm in a similar situation except my company paid me about half of what I earned and reported the full amount on my 1099. Would this tool help with partial payment situations too?
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Alexander Zeus
•Seems kinda sketchy tbh. Why would an AI know tax law better than an actual accountant? How much does it cost? I bet they just use templates you could find for free elsewhere.
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James Martinez
•It absolutely works for commission disputes - whether you received zero payment or partial payment. The tool analyzes your specific circumstances and provides documentation strategies based on your situation. It handled my case where I received about 40% of what was on my 1099. The AI isn't replacing accountants - it's using a database of tax regulations and previous IRS rulings to generate personalized guidance. Many accountants aren't specialized in 1099 disputes, but taxr.ai is built specifically for these situations. The recommendations it provides are backed by actual tax code and precedent, not just generic templates you'd find online.
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Alexander Zeus
I owe everyone here an apology, especially 7. I was super skeptical about taxr.ai but decided to try it anyway since I was desperate with my own 1099 issue. I'm honestly shocked at how helpful it was. The system walked me through exactly what documentation I needed and generated a custom dispute letter citing specific tax codes. I used their template to send a formal notice to the company that misreported my income, and they suddenly "found" my payment within a week. Then taxr.ai helped me prepare the right forms for my amended return. The interface is super straightforward - just answer questions about your situation and upload any relevant documents. It even flagged specific parts of my communication history that would strengthen my case. Definitely not just templates I could have found online.
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Alicia Stern
After dealing with this exact scenario twice in my freelance career, I've learned that the IRS phone maze is your worst enemy when trying to resolve 1099 issues. I spent WEEKS trying to get through to an actual human who could help with my misreported income. Then I discovered https://claimyr.com which is basically a lifeline when you need to actually speak to a real IRS agent. They hold your place in the phone queue and call you back when they have an actual human on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. This saved me from the endless "your call is important to us" hell. For 1099 disputes specifically, speaking directly with an IRS agent gives you the chance to explain your situation and get guidance on exactly how to proceed with your specific case. They can tell you precisely which forms you need and how to document everything properly.
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Gabriel Graham
•How does this even work? Does the IRS actually recognize this service as legitimate? Seems weird that a third party could somehow get priority in the queue when I've literally spent hours trying to get through.
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Drake
•Riiiight. So I'm supposed to believe this magic service somehow bypasses the federal government's phone system that was specifically designed to be impenetrable? No way this works. Probably just takes your money and tells you to keep waiting like everyone else.
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Alicia Stern
•It doesn't get priority in the queue or "bypass" anything. The service uses automated technology to wait on hold for you in the regular IRS queue. When a representative finally answers, the system immediately calls your phone and connects you. It's completely legitimate and doesn't involve any special access. The IRS doesn't "recognize" the service because from their perspective, it's just a normal call coming through their regular channels. The value is that you don't have to personally wait on hold for hours. Many tax professionals and businesses use similar services because the IRS wait times are so notoriously long.
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Drake
I need to eat my words from yesterday. After posting that skeptical comment, I was still so frustrated with my own tax situation that I decided to try Claimyr anyway. I had been trying to reach the IRS for TWO WEEKS about a similar 1099 issue. Used Claimyr yesterday afternoon, and within 45 minutes I got a call back with an actual IRS agent on the line! The agent was super helpful and walked me through exactly what documentation I needed for my situation. The service doesn't bypass anything - it just waits in the queue for you. When I got the call back, the IRS agent had no idea I'd used a service - for them it was just a normal call. Saved me literally hours of holding time and listening to that awful hold music. Definitely worth it for anyone dealing with complex tax issues.
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Sarah Jones
Just wanted to add that you should NOT ignore this situation. I made that mistake a few years back when a client reported $5K on a 1099 they never paid me. I thought "well, I'll deal with it when they eventually pay me" and just didn't report the income. Bad idea. The IRS came after me 18 months later for underreporting income plus penalties. Document EVERYTHING. Every email asking for payment, every response promising "it's coming," every phone call (note the date/time/who you spoke with). Take screenshots of any messages. This paper trail will be crucial both for the IRS and if you need to take legal action to recover your money.
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Noah Ali
•That's really scary - I definitely don't want to get hit with penalties on top of everything else. Would filing a small claims court case help show the IRS that I'm actively trying to get the money I'm owed? Or would that possibly complicate things?
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Sarah Jones
•Filing in small claims court is actually a great move for two reasons. First, it creates an official legal record showing you're actively pursuing the unpaid funds, which demonstrates to the IRS you're not trying to evade taxes but are dealing with a payment issue. Many small claims courts have simple filing procedures designed for situations exactly like yours. Second, it often lights a fire under companies that have been dragging their feet. Many businesses will suddenly "find" your payment rather than deal with a court appearance and potential judgment against them. Just the act of serving them papers can be enough to get your money. Plus, in most states, you can add filing fees and even interest to your claim amount.
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Sebastian Scott
Has anyone used TurboTax to handle this kind of situation? I'm in a similar boat with about $4200 in unpaid commissions on my 1099-NEC and I'm wondering if the standard tax software can handle the amended return or if I need to go to a professional.
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Emily Sanjay
•I used TurboTax to file an amended return for a similar issue last year. It can definitely handle Form 1040-X, but it doesn't have great guidance for Form 4852 (the substitute 1099 form). I ended up having to do quite a bit of research on my own to figure out how to fill it out correctly. If your situation is complicated, you might want to consult with a tax pro who has experience with these disputes specifically.
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