Have a Tax Question? Ask a Tax Expert
Hello JA Customer,
1099 forms are issued to people who work as independent contractors. This person would not likely fit that description.
An independent contractor is someone who offers their services to various people, they set their own rates and generally set their own schedules and control when and the way the work is done. I assume that you will have this individual be working a set schedule and paying him a set amount per hour or shift. If that is the case, he would really be considered a W-2 employee and you would need to withhold taxes from his pay and issue him a W-2 form at the end of the year.
There are probably instances where people who work this type of job are paid as independent contractors. However, if this person were to ever challenge that position with the IRS, it is likely the IRS would rule that he is an employee and then make you go back and pay in the necessary taxes which should have been withheld.
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Thank you JA Customer