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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14435
Experience:  15years with H & R Block. Divisional leader, Instructor
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I have one 1099 worker who helps with my business from his

Customer Question

I have one 1099 worker who helps with my business from his home. I would like to just make him a W2 employee since he's going to be doing more. Can I make this switch mid year or will there be penalties for misclassification?
Submitted: 3 years ago.
Category: Tax
Expert:  Robin D. replied 3 years ago.

Robin D :

Hello and thank you for using Just Answer,
Yes you can make a switch to hire the person as an employee. You would need to have the individual complete the I9 and the W4. The W2 would reflect the wages from teh time the individual was an employee to the end of year. The 1099MISC would still be issued for the first part of the year.

Robin D :

If you were taking the reverse and changing an employee to an independnet, that would not be acceptable.

Robin D :

Internal Revenue Code section 3509 covers this area of tax law.

Robin D :

Your positive rating is always thanks enough and lets Just Answer know you have been assisted.

Robin D :

Customer Last Viewed Today at 4:58 Did you need clarification? You did not ask any further follow up questions about this subject.

Expert:  Robin D. replied 3 years ago.
Wanted to touch base with you and make sure all worked out.