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What are the guide lines for sub contractors? I have an employee who would like to do some sub contracting work for the company. I'm not sure if I can do this. Does he need to be either an employee or a sub or can he be both.

Submitted: 1601 days and 14 hours ago.

Category: Tax

Value: $5

Status: AWAITING CUSTOMER ACTION

Answer

An employee may be eligible to be treated as a subcontractor IF the subcontractor work is not related to their regular job and they can be classified as asubcontractor for the work by IRS guidelines outlined in Pub 15. (go to www.irs.gov to download this pub)

Example: restaurant cook is an employee, but he also works as a subcontractor after hours to remove snow from the restaurant parking lot. This person may receive both a w-2 and a 1099misc

Edited by SkyHawks on 7/6/2005 at 1:33 AM

Accepts:
Expert:	Sandi Hargrove, SkyHawks
Pos. Feedback:	98.8 %
Answered:	7/6/2005

Master Tax Advisor, Enrolled Agent

I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.

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What are the guide lines for sub contractors? I have an employee who would like to do some sub contracting work for the company. I'm not sure if I can do this. Does he need to be either an employee or a sub or can he be both.

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