How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask USTaxAdvising Your Own Question
USTaxAdvising
USTaxAdvising, CPA
Category: Tax
Satisfied Customers: 1237
Experience:  US Taxation specialist.
58296935
Type Your Tax Question Here...
USTaxAdvising is online now
A new question is answered every 9 seconds

I run a collective garden for Medical Marijuana and need to

Customer Question

I run a collective garden for Medical Marijuana and need to hire staff can I use a 1099 -Misc
Submitted: 4 years ago.
Category: Tax
Expert:  R. Klein, EA replied 4 years ago.

Randall Klein EA :

If you hire employees you need to deduct taxes and give them a W-2

Randall Klein EA :

A 1099 is only used for independent contractors. While there is no specific definition of contractor or employee, a preponderance of the facts is most important.

Randall Klein EA :

In general, if someone works at your place of business and you direct them as to what to do and when to do it, this is an employee. Doesn't matter if the person is part-time or temporary worker.

Expert:  USTaxAdvising replied 4 years ago.

Here is some good literature from the IRS that would assist you in making the determination between employee vs. independent contractor.

 

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

http://www.irs.gov/taxtopics/tc762.html

http://www.irs.gov/newsroom/article/0,,id=173423,00.html