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1099 Tax Form Questions

What is 1099 tax form and what are the 1099 laws?

A 1099 tax form is used for reporting many different types of taxable income. From sale of stocks to cancelation of debt, all the way to reporting unemployment and state tax refunds. When it comes to tax forms there are many questions and issues that may arise. Many people are unaware of these tax form issues and dealing with the legal implications that involve the owner/employer and 1099 employee laws. Many times the employee is unaware of their 1099 contractual agreement and need 1099 help.

1099 tax form questions are some of the most frequently asked questions regarding employment law. Read below a few of the top 1099 tax for questions.

In the state of California does a person have to pay back commission for canceled contracts if they are a 1099 employee if they are no longer employed?

In most situations, in the state of California a person would be obligated to pay back commission if both parties signed an agreement holding the person responsible for repayment.

If a person terminates a 1099 contract because the company was closing and then didn’t and the contract had a one year no complete would the no complete be valid?

Most of the time, if a person believed the company was closing and that being the reason they ended the relationship then the non-complete clause could not be enforced if the person believed the company to be truthful. There are many 1099 tax form questions that come up daily, ask an Expert for answers to your specific questions.

In the state of Iowa can a person that is 1099 employee on contract file a wrongful termination suit if they feel they have been terminated as a example to other employees?

A person could not file a wrongful termination suit in Iowa, because Iowa is a employment at will state which means the employer is free to terminate a employee for any reason other than race, gender, age or other type of discrimination. As well as a 1099 employee is a contractual employee, not payroll, most of the time this means that there is no binding employment perks or laws to a 1099 employee.

Can an owner of a business dictate the hours of a person who is a 1099 employee and works for commission?

If an owner of a company or business begins telling someone what hours they have to work they run the risk of having the person classified as an employee based on IRS regulations. One of the employment 1099 laws is that anyone working under a 1099 employee, has the right to choose what hours, days and times that they perform their duties.

Can a employer demand a person to sit at a desk for forty hours a week and fill out a time card if the person is a commission employee and 1099 not W2?

The owner of the company can require someone to work the forty hours and fill out a time card but the person can file a claim that they are not an independent contractor and the company owner/employer is in violation of IRS laws.

1099 tax forms are used for reporting different types of income. There are many different types of 1099 tax forms that are used for a variety of different incomes. When faced with tax form complications many people are not sure who they can ask or where to turn to with their questions on 1099 laws and 1099 requirements. If you have any question on 1099 tax form or other aspects of tax form law you could ask an Experts.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
9 Employment Lawyers are Online Now

How JustAnswer Works:

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    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
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent 1099 Questions

  • I usually work as a 1099 contractor. However, I think I have

    I usually work as a 1099 contractor. However, I think I have been misclassified as 1099 when I should be a W2 with my current job.
    If I ask the IRS and State DOL for a review of my classification by filing the appropriate forms, will either entity audit me or any of my prior employers?
    This is based in New York State.
  • Question is regarding IT consulting services on C2C, and the

    Question is regarding IT consulting services on C2C, and the client is in midstream requiring that resources convert to W2, citing they based on new government regulations must refer to all 1099 resources as flexible resources and as such be treated as employees and like any employee be offered a range of health benefits that the employee can accept or decline.
    Now this makes sense if the consultant is an independent 1099 contractor resource, but isnt there a difference between a 1099 resource and a consulting firm, an entity, with its EIN, its own health benefits and employees, and is suppose to be on C2C , paid on ACH? It just so happens that the owner of the firm, is the consultant, and in this case is providing software development assistance to a team made of employees and contractors at the customer who is now mandating that the consultant/owner become a W2 resource of the client.
    3 x challenges. The owner has business checking, investment, and all kinds of dependencies on the source of revenue, that would now be for granted due to now instead expect salary and have it direct deposited to a non-business account. Secondly, the owner has several clients, many of whom are vendors, suppliers, and even partners of the primary client. The owner does not do business with the primary client's direct end clients, but certainly does business with a lot of the same vendors and partners who may even ask for resources to staff on the primary client's projects. In essence a W2 would mean they would have to write a very specific set of agreeable terms to allow such affairs to remain in tact. Any language that applies to direct or in-direct competition would have to be revised to exclude entire industries , not just list of companies. Lastly, how would one company doing business with another company be classified as an employee of the other... How does a consulting company provide consulting services if every client mandates that their vendors become employees.
    Here is the notification from the client regarding the change in which they specify I must become employed as a W2 resource:
    Due to some corporate goverment regulation changes, ABC needs to convert all 1099 resources to Flex hourly resources. This basically means that you will enter your hours in our MYHR system each week and we will reduce your hourly rate to cover the corporate taxes and then deduct employee taxes, providing you with a bi-weekly paycheck and W2 at the end of the year.
    In additional, ABC is pleased to offer you optional comprehensive medical and prescription coverage. With this change we will be retiring the term 1099 resource and replacing it with Flexible resource. As a Flexible resource you will have the option to select coverage or decline coverage, nothing else will change regarding your position with ABC or any other benefits. Please review the attached letter and benefits information. Please email me the attached letter completed and with coverage elected or declined by the end of the day on Monday, December 22nd. Should you elect coverage, your hourly rate will be reduced as noted in the offer letter. Should you decline coverage, your hourly rate will remain the same and nothing else will change. As an existing 1099 resource, you will not be required to complete a drug screen or criminal history check as noted in the offer letter.
    I know this is a lot to understand and I’m sure you have questions. Please let me know when you have time to schedule a call to attempt to answer your questions or get you answers as needed.
    Our offer to you is included below:
    On behalf of ABC, I am pleased to offer you the position of Flexible Resource
    reporting to John Doe at a rate of $159.05 per hour. Employment will commence on
    or before December 28, 2014. The details of the offer follow.
    ....
    The C2C rate is $170/hr.
    Thanks,
    RJ
  • My company is not only withholding my paycheck but refusing

    My company is not only withholding my paycheck but refusing to pay the total invoiced amount even though I have an agreement with my boss through email on Oct 27, an apology email from him on Oct 30, and two other validating emails following that. Before submitting my invoice on Dec 1, I emailed my boss and once again brought up the situation from the 27 and everything was fine once again validating our agreement.
    I submitted my invoice that day (Dec 1) and that was it. The accounting dept always sends emails out letting us know when to have our invoices submitted by in order to be paid by a certain date. In this case invoices were to be submitted by Dec 4 with payments to appear in accounts by Dec 11th. Now I've worked for this company almost 3 years and know my paycheck is always in my account by the 15h or 16th of the month.
    However on the 11th after OVER a month of everything being fine and OVER a week of having submit my invoice the company doesn't want to pay me my invoiced total which by the way is over $22,000
    Totally unprofessional and they're also straight out lying to me in attempt to not pay me which I do have proof of as well. All my evidence are emails and I told them do not call me and instead email me if it has to do with my paycheck so I can keep record.
    What can I do and where do I go from here??
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