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Question

I am the director of a 3 week summer program. I have over 60 "counselors" who make less than $600. How do I use their pay as a business expense, since I am not required to issue a 1099?

Submitted: 154 days and 9 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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Accepted Answer

Hello pat,

As long as you pay these individuals with a check, then you have a verifiable record of your expense, and may claim the appropriate deductions for wages you paid to them.

Even though you do not anticipate sending 1099 forms to these individuals, you should still have them complete a W-9 form for your files. This is basically a form which verifies their identify (name, address and social security number). Anytime that you employ someone as an independent contractor, this form should be completed at the outset of their services, regardless of whether or not you end up needing the information for a 1099 form.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you pat, and let me know if you have more questions on this.

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 6/21/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

154 days and 9 hours ago.

Reply

Is there a limit to the number of employees I can pay like this? How would I classify it on my business taxes - as wages? Is there an tax advantage or disadvantage to me as the "business" owner either way? This is only a 3 week program...., so almost all of my wages will be very low.

Posted by Merlo 154 days and 9 hours ago.

Answer

Hello again pat,

No, there is no limit to the number of employees that you can classify in this manner.

As far as how you would classify this as a business expense, it would come under the classification of "contract labor" -- similar to wages, but a separate category.

There is an advantage to you as the business owner. By paying the counselors as independent contractors as opposed to paying them as employees, you are not responsible for tpaying the employer share of social security and medicare taxes. When you have someone who is a regular employee, you must match their ss and medicare contributions, which combined amounts to 7.65% of their gross pay.

In addition, you would not be obligated to pay any unemployment taxes as you would for regular employees.

If this was helpful please press the Accept button. Positive feedback is also greatly appreciated.

Thank you again pat, and let me know if you have more questions.

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