I worked for a startup company in California on F-1 CPT for two months in 2016. The CEO gave me personal check for salary payment.

He hasn't given me W-2 as of yet and upon contacting him I came to know that I wasn't even entered in the payroll system at the time of my joining.

He was literally sleeping in spite of me following up regarding the same from mid January onwards. When I told him that I will call the IRS, he acted very quickly and asked his CPA to work on it. However, they are asking me to submit W-9 form which will end up with Form 1099 (Independent Contractor).

Based on my offer letter, I was on internship and I did not work as an independent contractor.

What would be the best course of action in this scenario? Should I call IRS and let them handle this? Has anyone done this before?

  • 1
    Was the personal check written for the full salary you'd agreed to, or was it less, implying that the CEO had withheld tax/etc. amounts? If he didn't, then I think they have to classify you as an independent contractor. There is no special handling of an internship.
    – mkennedy
    Commented Mar 3, 2017 at 0:51
  • 1
    They say no taxes were withheld. Can't they generate W-2 going back ? Also, how about calling IRS and having them handle this?
    – John
    Commented Mar 3, 2017 at 1:01
  • 1
    I called IRS and they started acting quickly. Now, I am in the process of receiving W-2. They have received a letter from IRS as well.
    – John
    Commented Mar 18, 2017 at 0:32


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