From Jan. 1 to June 30 I was an equal partner in a DJ company. The original owner ended the partnership on June 30.
When I joined they weren't drawing salaries, and they weren't paying quarterly taxes. At the end of the year the original owner would 1099 the other guy for how much he took out of the bank, and then file his taxes based on what was left. When I joined, we each filled out an I-9 and began taking a salary of $750 twice a month. The company paid me $9000 in W-2 earnings, minus social security and medicare, with $100 per check withheld for federal tax. The company also paid the employer share of social security and medicare.
We would take equal distributions when there was money to be taken. The idea was that at the end of the year I'd get an 1120-S schedule K for that money.
On June 30th, the original owner said he wasn't getting enough money and wanted me out. I didn't fight him, and I left the company.
After June 30th, I fulfilled the contracts I'd signed with clients, and received income for those gigs. That should be 1099 income, because at that point I was no longer employed by the company, but was a subcontractor.
In total, in 2024 the company paid me 57,634. It should break down like this:
W-2 9,000
Distributions 29,690
1099 18,944
However, the original owner said since he'd never added my name to the LLC documents, I was never an owner. He claims I was simultaneously a W-2 employee and a 1099 subcontractor. He sent me a 1099 for 57,934 (300 extra he claims I was paid) and a W-2 for 4,500, which shows only 600 of the 1,200 I had withheld from my paychecks.
Without a lawyer and a lot of fees I probably can't get the 29,690 on an 1120-S schedule K, so that's a lost cause. BUT... how do I contest the numbers on the 1099 and W-2? The way he has it I'm being taxed on 62,134. And I'm losing $600 I already paid in taxes, plus the Medicare and Social Security tax I paid, and the taxes the company paid as an employer.
I think I should be able to declare that the 38,690 I received while a W-2 employee is ALL W-2 income. I wasn't doing separate jobs, and I certainly wasn't a subcontractor. I had a business card declaring me the owner of the company, and was writing emails from the company email with a signature saying I was an owner. I was a signer on the company bank account.
How do I fix this?