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if you purchase a home under a llc. and you supply the contractor

with tiles light fixures etc...
if you purchase a home under a llc. and you supply the contractor with tiles light fixures etc. you have to 1099 the contractor if though he is insured and licened and you can be liable true or false.
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Answered in 8 minutes by:
8/2/2012
RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 17,540
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is this home held in an LLC for the purpose of making a profit, or is it being used by the owners of the LLC for a personal residence?

Customer:

making a profit


 

ScottyMacEsq :

If you pay a contractor more than $600 in a calendar year to benefit your business, you need to issue a 1099 to that contractor. Most of the time for individuals that own their own homes and have contractors perform services to benefit the home, they don't have to do that. But businesses employing the services of contractors, over $600, do have to do this. The specific form would be 1099-MISC.

ScottyMacEsq :

Now this does not have anything to do with homeowner liability.

ScottyMacEsq :

Rather, this is tax law.

ScottyMacEsq :

Just because the contractor gets a 1099 or not does not mean that he can't sue you in court if he falls off a ladder and hurts himself. That's common law tort liability, and that's where the bonding and insurance come into play.

ScottyMacEsq :

That is, he would have to first make a claim against those parties before coming after you.

ScottyMacEsq :

As for liability for employment taxes (if you had an employee, you would have to pay employment taxes, but not for a contractor) that is where the 1099 is important.

ScottyMacEsq :

Is that the liability that you were concerned about?

Customer:

no iwas informed wrong i thought that is why is insured but what about supplying fixtures like tile lighting etc. is that a libality on my part?did you recive my question


 

ScottyMacEsq :

This is the specific question I received: "if you purchase a home under a llc. and you supply the contractor with tiles light fixures etc. you have to 1099 the contractor if though he is insured and licened and you can be liable true or false." Was there another question?

Customer:

in that question i wanted to know if i supplied fixtures lights tiles etc. i am liable yes or no.


 

ScottyMacEsq :

Supplying light fixtures, etc... does not necessarily make you liable, assuming that those light fixtures are in good working order. Now if you provide defective light fixtures and the contractor is injured by them, you could be liable under a negligence cause of action (in that you have a duty to provide non-defective fixtures if you choose to do so).

ScottyMacEsq :

And again, I assume that you're talking about liability for injuries, etc... rather than taxes, correct?

ScottyMacEsq :

Like I said, the fact that you give a 1099 has no bearing on whether your liable or not for personal injuries. Rather, if you supply fixtures that are defective, and the contractor is injured because of the defect, then you could be liable. Now insurance would still probably pay first, but it's possible that they could go after you. If the contractor is injured not due to the fixtures, but his own carelessness or negligence, or assumption of risk, then you would not be liable.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Are you still there? Did you have any other questions before you rate this answer?

ScottyMacEsq :

Please respond. I am patiently waiting, but there are other customers that are awaiting an answer to their questions, and I only get credit for questions answered AND accepted, not how long I spend on a question.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time (30 miinutes) and effort I spent on this (or any question) unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!.

RGMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

RGMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 17,540
Experience: Licensed Texas General Practice Attorney
Verified
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RGMacEsq
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Category: Business Law
Satisfied Customers: 17,540
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