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A friend retired last week and was solicited by her former boss to do some parttime work. HR told her that she could not receive a W2 and a 1090 from the same company in the same year. She has to wait until 2009. Of course, she actually retired (took the buyout offer), so maybe there's a difference.

The HR response is just classic HR treatment of anything out of the ordinary: MSU.

You cannot give an employee a 1099, but you certainly can give an individual both a 1099 and a W-2 for services performed during one calendar year. The issue in your friend's case would be whether the post-retirement service was as an employee or as an independent contractor, which is a facts and circumstances question of tax law. The person's prior employment and "retirement" status have no bearing on the determination.

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