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I have an employee that I had Sign an i-9 form and I put it…

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I have an employee that...
I have an employee that I had Sign an i-9 form and I put it in my desk and I can't find it. I think the employee took the form out of my desk but I do not have proof. Can I still issue her a 1099 without the form?
Submitted: 2 years ago.Category: Employment Law
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1/30/2016
Employment Lawyer: Ray, Employment lawyer replied 2 years ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,098
Experience: 30 years in Employment law
Verified

Hi and welcome to JA,Ray here to help you today.

Yes if this was an employee here you would issue a W-2 not a 1099.If the person was a independent contractor the 1099 is appropriate.Having the I-9 is a a separate issue here, you can be fined for not having it if they were to audit you.

But you should issue the proper tax form here a 1099 for an independent contractor or a W-2 for an employee.

I appreciate the chance to help you today.Thanks again.

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Employment Lawyer: Ray, Employment lawyer replied 2 years ago
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Customer reply replied 2 years ago
I understand that but can I still issue them a 1099 if they were an independent contractor? The I-9 form is for 1099 right? I do not have their signed i-9 form... So I don't eat their taxes how do I proceed?
Employment Lawyer: Ray, Employment lawyer replied 2 years ago

You can issue the 1099 here, if they audit you the risk is a fine but thats really all you can do in such a situation..

Reference..

Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

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Employment Lawyer: Ray, Employment lawyer replied 2 years ago

Here you would issue the 1099 for the gross amount you paid them as a contractor.

Thanks again.

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Ray
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