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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42337
Experience:  30 years in Employment law
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I have an employee that I had Sign an i-9 form and I put it

Customer Question

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: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

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.

Customer: replied 1 year 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?
Expert:  Ray replied 1 year 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..


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.

Expert:  Ray replied 1 year ago.

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

Thanks again.