The employer has the responsibility for filing the 1099 Tax Form and not the independent contractor. If you are the independent contractor, you do have the responsibility of making sure that you have kept records of your income and that you do not under-report them. For the employer who does not file the appropriate form, they will receive a fine from the IRS. There are employers who do not want the IRS to know they have hired independent contractors. But it is illegal for them not to report. Both sides should keep dependable records.