Received both W2 and 1099 from same employer - is this right?
So my wife has been working at this company for a few years now and for the first time ever, she just got hit with both her regular W2 AND a 1099. When we asked about it, her boss claimed the 1099 was for some employee of the month prizes she won and stuff from their holiday party where they had this prize wheel thing going on. The total on the 1099 is around $850, which seems way too high for the few small things she got throughout the year. She won employee of the month twice (got like $50 gift cards each time) and maybe won $150 worth of random stuff at the holiday party. This feels super sketchy to me - aren't employee recognition things usually just included as part of regular payroll? I'm pretty sure they're trying to shift some tax burden onto her. Is there someone I should report this to? IRS? Department of Labor? Any advice on handling this situation would be really helpful!
20 comments


Nia Wilson
You're right to question this. Employee gifts and awards can be handled in different ways tax-wise, but there are specific rules about it. Small "de minimis" gifts (low value items like holiday turkeys, occasional event tickets, etc.) aren't taxable. However, cash or cash equivalents (like those gift cards) ARE taxable and should be included in regular wages on a W2, not a 1099. Prize wheel winnings from a company event would typically be considered company gifts or awards and should also be on the W2 as taxable compensation if they have more than nominal value. The 1099 form is generally inappropriate for employer-to-employee payments. It's for independent contractor work, not for employee compensation or prizes. You have a few options: First, talk to the company payroll or HR department (not just her boss) to clarify. If they insist this is correct, you can contact the IRS directly. You might also file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" with your return if you believe they misclassified these payments.
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Mateo Sanchez
•If she files Form 8919, would that potentially trigger an audit of the company? I'm wondering if that might cause problems for my wife at work. Also, what's the threshold for "de minimis" gifts? Is there a specific dollar amount?
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Nia Wilson
•Filing Form 8919 doesn't automatically trigger an audit, but it does notify the IRS of a potential misclassification issue. The IRS may follow up with the employer, but they typically don't disclose who prompted the inquiry. Your wife could also request the employer correct the forms before taking that step. For de minimis gifts, there's no specific dollar threshold defined by the IRS. Generally, items with a value under $25-50 are considered de minimis, but it's about both the value and the frequency. Gift cards, regardless of amount, are always considered cash equivalents and are taxable as regular wages.
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Aisha Mahmood
I ran into almost the exact same situation last year and was super confused until I found taxr.ai (https://taxr.ai). My company tried to issue me a 1099 for a $2k performance bonus instead of including it on my W2. The tool analyzed both my W2 and 1099 and actually flagged this as improper classification. It explained that employee bonuses and awards should be processed through payroll as W2 wages, not as 1099 contractor payments. The service even generated a letter template I could use to notify my employer about the error. My company ended up cancelling the 1099 and reissuing a corrected W2 that included all compensation. Might be worth checking out if you're trying to figure out if this is legit or not!
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Ethan Clark
•How exactly does taxr.ai work? Do you just upload your tax documents and it tells you if something looks wrong? I'm dealing with a similar situation but with some business expense reimbursements that my employer put on a 1099 instead of handling through regular payroll.
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AstroAce
•Sounds interesting but I'm skeptical. Couldn't you have just Googled this info for free? What exactly does this service provide that's worth paying for? Not trying to be rude, just wondering what the benefit is over just asking HR or calling the IRS directly.
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Aisha Mahmood
•You upload your tax documents and it scans them using AI to spot potential issues or inconsistencies. It compares information across forms and checks against tax rules. In my case, it identified that my employer was treating regular employee compensation as independent contractor income. I definitely could have researched this myself, but what made it valuable was the confidence in knowing it was checking everything systematically according to current tax rules. Plus it saved me tons of time - I didn't have to dig through IRS publications. And the letter template it generated for me to send to my employer was really professional, citing the specific IRS rules they were violating. That's what convinced my HR department to fix the issue quickly.
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AstroAce
I wanted to follow up on my comment about taxr.ai. I ended up trying it after all when I discovered my employer had classified me in two different ways on tax forms. Honestly, I'm glad I did! The system flagged several issues I hadn't even noticed, including some deductions I was eligible for based on my situation. The explanation of why employee gifts should be on W2 vs 1099 was super clear, and it even highlighted the relevant tax codes I could reference when talking to my employer. What really surprised me was how it found a mistake in how my employer had calculated my pre-tax health insurance contributions. Turns out I was owed a refund of around $340! Not life-changing money but definitely worth the time it took to upload my documents.
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Yuki Kobayashi
If you're getting nowhere with the employer, you might want to try Claimyr (https://claimyr.com). I was in a similar situation last year with tax form issues and spent weeks trying to get through to the IRS for guidance. Was stuck on hold forever or getting disconnected. Claimyr got me connected to a real IRS agent in about 15 minutes when I had been trying for days on my own. They have this system that navigates the IRS phone tree and waits on hold for you, then calls you when an actual human picks up. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that employer gifts/prizes should generally be on the W2 as taxable wages, not on a 1099. They also explained exactly what forms I needed to file to dispute the incorrect classification.
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Carmen Vega
•How does this actually work though? I'm confused about how a service can somehow get you through to the IRS faster than calling directly. Doesn't everyone have to wait in the same queue? I've been trying to reach someone at the IRS about a similar issue for weeks.
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Andre Rousseau
•Yeah right. If this actually worked, everyone would be using it. The IRS is notoriously understaffed and there are no "secret shortcuts" to skip the line. This sounds like a scam that charges you for something that doesn't work. I'll stick with waiting on hold for 2 hours like everyone else.
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Yuki Kobayashi
•It's not about skipping the line - they have an automated system that waits in the IRS queue for you. You basically reserve a spot in line, and their system handles the waiting. When an IRS agent finally answers, their system calls your phone and connects you directly. You don't have to stay on hold yourself for hours. I was skeptical too, but it's actually pretty straightforward. They're not claiming to have special access to the IRS or anything like that. They're just handling the hold time for you so you can go about your day. Think of it as having someone else wait in a physical line while you do other things, then they call you when you're at the front.
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Andre Rousseau
I need to eat my words about Claimyr. After my skeptical comment, I was still desperate to talk to the IRS about a misclassification issue similar to yours, so I tried it anyway. It actually worked exactly as advertised. I put in my number, and about 45 minutes later (while I was grocery shopping), I got a call connecting me directly to an IRS representative. No waiting on hold, no getting disconnected after an hour. The agent confirmed that prizes and awards given to employees should generally be included on the W2 as taxable wages, not reported on a 1099. They also explained I could file Form SS-8 to request a determination on worker status if my employer refused to correct the forms. Totally worth it just to get a straight answer from an actual IRS employee.
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Zoe Stavros
This happened to me last year! It's absolutely not correct for them to issue a 1099 for employee gifts/prizes. Cash prizes, gift cards, and non-cash awards over minimal value should all be included as wages on the W2. When my employer did this, I first spoke with HR (not my manager) and showed them the IRS guidance. They initially pushed back but eventually corrected it when I mentioned Form SS-8 (Determination of Worker Status) and Form 8919. If your wife's employer won't fix this, they're essentially pushing their share of employment taxes (7.65% for Social Security and Medicare) onto her. She'll end up paying both the employee AND employer portions of these taxes on that income.
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Luca Russo
•Thank you for sharing your experience. I definitely think we need to loop in HR rather than just her manager. What specific IRS guidance did you reference when you talked to them? Is there a publication number or something I can point to?
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Zoe Stavros
•I referenced IRS Publication 15-B "Employer's Tax Guide to Fringe Benefits" which covers employee awards and prizes. It clearly states that cash and cash-equivalent awards (like gift cards) must be treated as wages subject to income tax withholding and employment taxes, regardless of the amount. I also mentioned Revenue Ruling 2004-109, which specifically addresses that gift cards and most employee awards should be treated as supplemental wages reported on Form W-2, not Form 1099. For the holiday party prizes, I pointed them to the section about company events and explained that these are still considered employee compensation, not independent contractor payments.
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Jamal Harris
Just wondering - does the 1099 show "nonemployee compensation" in Box 1? If so, that's definitely wrong for an employee. The company is trying to avoid paying their share of FICA taxes (7.65%). Check if your wife's W2 wages seem lower than expected too. Some sketchy employers will reduce the W2 amount and shift some regular wages to a 1099 to save on payroll taxes. This is totally illegal. If her company doesn't fix this after you bring it up with HR, consider contacting your state's Department of Labor as well as the IRS. The DOL often investigates misclassification issues more quickly than the IRS.
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GalaxyGlider
•This happened at my last job too. The company started issuing 1099s for performance bonuses to "save money." After several employees complained, the state DOL investigated and they ended up having to pay back taxes plus penalties. Definitely worth reporting if they refuse to correct it!
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Paolo Rizzo
I work in payroll and can confirm this is absolutely incorrect. Employee recognition awards, prizes, and gifts should never be reported on a 1099 - they need to be included as taxable wages on the W2. The $850 amount is suspicious too. Even if all those prizes were legitimately worth that much, they should still be processed through payroll as supplemental wages, not contractor payments. Your wife's employer is essentially trying to avoid paying their portion of Social Security and Medicare taxes (7.65%) by shifting this to a 1099. I'd recommend requesting a detailed breakdown of what specific items make up that $850. If they can't provide documentation showing exactly what prizes/awards totaled that amount, it's even more suspicious. You should definitely escalate this to HR immediately, not her direct manager. Reference IRS Publication 15-B and make it clear that misclassifying employees as contractors can result in significant penalties for the company. Most HR departments will correct this quickly once they understand the liability they're creating.
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Max Reyes
•Thank you so much for the professional perspective! That breakdown idea is brilliant - we definitely should ask for detailed documentation of what exactly adds up to $850. From what my wife described (a couple of $50 gift cards and maybe $150 in holiday party prizes), there's a huge gap that needs explaining. I'm planning to help her draft an email to HR referencing Publication 15-B as you suggested. Do you think we should give them a specific timeframe to respond, or just ask them to look into it? I don't want to be too aggressive since she still works there, but this feels like something that shouldn't drag on for weeks.
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