My former employer incorrectly classified me as a 1099 and the department of labor informed them that they are to reclassify me as a regular employee. Who is liable for the taxes not withheld. My employer or me? How do I file my taxes, as an independent contractor or an employee?
You are liable for the income taxes and employee social security tax that weren't withheld and your employer is liable for the employer social security tax.
You are the person who is responsible for the taxes on the income what you received and therefore should, at least for the time that you were a 1099 employee file your taxes.
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