Employment Law Questions? Ask an Employment Lawyer.
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.
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..
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.
Here you would issue the 1099 for the gross amount you paid them as a contractor.