qbteachmt
Level 15

"for an additional amount. Its not back pay or lost wages more of an agreement to leave and not talk about the situation."

Does that make it Termination/Severance Pay? Was there a lawsuit, or just an "agreement?"

There needs to be a lawsuit to have a settlement, and a lawsuit will have stated Grounds for the suit.

"I'm sure most have seen a client or two leave under circumstances such as this"

Sure; and we've all see lots of wrong 1099 documents issued, as well.

"I'm not too sure where the non employee compensation"

Box 7 is for Services performed; not a Legal Settlement or severance pay.

So either:

It's Termination Pay and incorrectly reported, should have been on the W2, and yes, Subject to FICA.

Or, it's not Box 7, but some sort of settlement for a qualified reason that would make it not subject to FICA.

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