Can someone be aw 2 employee and a 1099 from the same employer?
Michael Gray
Updated on March 21, 2026
Yes, an employee can receive a W2 and a 1099, but it should be avoided whenever possible. That’s because this type of situation is a red flag and frequently results in a response from the IRS seeking further information. It also takes unusual circumstances for this type of dual filing to be legitimate.
Can you combine W-2 and 1099 together?
Working two jobs is no longer the exception, as more and more tax returns that include both W-2 and 1099 income are filed each year. A second “side gig” may provide the additional income that allows you to pursue your dream job or pay off debt.
Can you have two W-2 jobs at the same time?
Could one person hold more than one W-2 jobs from two different employers? Yes, of course. In the US you need one W2 for each job that you work as an employee (unless you make less than $600). Could be multiple at the same time, part time, full time, sequential, etc.
How do I file taxes if I have both 1099 and W-2?
You must list your total taxable employee compensation on the first page of your Form 1040. Add it to any other taxable income you had for the year to figure how much tax you must pay. You must also include a copy of your W2 with your return.
What if my employer gives me a 1099 instead of AW 2?
If your employer refuses you can file Form SS-8 with the IRS. This will request the IRS to look at your employment situation and make an official determination as to whether you are an employee or an independent contractor.
Does having multiple jobs affect your tax return?
A second job can change your tax bracket, but the extra income might be worth paying the additional taxes. Federal income taxes are based on your total earnings, minus the allowances you’re entitled to. They’re based primarily on a percentage of your income. As your income increases, so does the percentage.
Is it illegal to 1099 an hourly employee?
The only problem is that it is often illegal. There is no such thing as a “1099 employee.” The “1099” part of the name refers to the fact that independent contractors receive a form 1099 at the end of the year, which reports to the IRS how much money was paid to the contractor. In contrast, employees receive a W-2.
What makes an employee receive a W-2 and a 1099?
An employee receives a W-2 and a contractor receives a 1099. There are three determining factors listed by the IRS to decide whether you are an employee or a contractor. Behavioral Control: Does your employer control how you do your job? Financial Control: Does your employer pay for the tools needed to perform your job?
What do you need to know about being a 1099 employee?
The 1099 employee designation is an important one, and you cannot afford to make a mistake. Company provides training on a certain method of job performance. Tools and materials are provided. Employees must follow set schedule. You provide benefits such as vacation, overtime pay, etc.
Do you have to file a 1099 if you are a freelancer?
If you work as a salaried worker and a freelancer, you must file a Form 1099 along with your regular tax return. At the end of the year, you’ll receive two types of tax documents— a Form W-2 from your employer and a Form 1099-MISC from any company you freelanced for or contracted with.
What’s the difference between an independent contractor and 1099 employee?
The difference between a 1099 employee and others is usually easy to recognize. One example of an independent contractor is a painter hired to paint your home. They will not be your employee after finishing the job. If you need a permanent employee, the 1099 distinction is not correct.