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1099-misc

Customer Question

I have a friend that was an independent contractor. He was using a business name with his ssn# XXXXX his federal ID. The vender he was performing services for was sending him checks made out to his business name (the way he wanted it), however when they sent his 1099 it was made out in his name. Can they do this? Shouldn’t the 1099 be made out to his business name?
Submitted: 11 years ago.
Category: Tax
Expert:  Tammy F. replied 11 years ago.

 If he has a federal tax ID number for his business and the checks have been made out to the business as well, the 1099 should match that. 


I suggest that he call the issuer of the 1099 and request that they make right the error.  It may just be a simple mistake that they can quickly fix.


Let me know if you have more questions.

Customer: replied 11 years ago.
Reply to Tammy Falkner's Post: He did not have a federal Id per say for the entire year. When he filled out his w-4 he used his business name and his own social security for his ID. Would that make any difference? He has tried to get this corrected but they said since he did not have a federal Id then the 1099-misc would have to be in his name. Even though the checks were coming in the business name. What should he do?

Thanks for your help.

Expert:  Tammy F. replied 11 years ago.

 Since he filled out his W4 and used his social security number, he will have to file it on schedule C as self employment income.  He should ask for a new W4 so he can use his EIN for 2005 if he plans to do any more business with this company.


 

Tammy F., Not an active Expert
Category: Tax
Satisfied Customers: 9168
Experience: Not an active Expert
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Customer: replied 11 years ago.
You did not answer my question, if his checks came made out to his business name……..shouldn’t his 1099? Or is this ok?
Expert:  Tammy F. replied 11 years ago.
 It does not matter what name the checks are made out to.  It's the number that the company has on file that matter.  If they have his social, the 1099 will be made out to him.  If they have his EIN, the 1099 will be made out to the company.

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