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Dave CPA
Dave CPA, Accountant
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I have a 1099 employee who wants me to issue her a 1099-Misc

Resolved Question:

I have a 1099 employee who wants me to issue her a 1099-Misc for work done during this calendar year (2013). Am i required/able/alllowed to do that?
Submitted: 3 years ago.
Category: Tax
Expert:  Dave CPA replied 3 years ago.

Welcome to Just Answer.

You say this person is an employee in your original question then the answer is no. You can't issue a 1099 but rater a W-2. If this person is an independent contractor that does work for your business then the answer is yes. You can issue a 1099-MISC.

In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?

Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)

Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination.

Please let me know if you have any additional questions before you rate my answer. A positive rating is what I strive for. Regards Dave
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