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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118649
Experience:  20+ Years of Employment Law Experience
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I have an employee that have an ITIN number can he have a

Customer Question

I have an employee that have an ITIN number can he have a w-2 or a 1099 done for him because he needs fininacial assistance.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: I talked to my account about this
JA: Is the employment "at will," union, full time, or part time?
Customer: He is a full time worker "at will"
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO, that's about it.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are the employer, if you want to give him the W-2 (since he is an employee you cannot give him a 1099) that is up to you to give him.
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Customer: replied 2 months ago.
Can I give him a 1099 with a TIN number? Social Security with no social security number
Expert:  Law Educator, Esq. replied 2 months ago.

If he is an EMPLOYEE, he would get a W-2, you are not supposed to give a 1099 to an employee, you are supposed to withhold all proper employment taxes on the employee and you can use the ITIN number for the W-2.

A 1099 is for an independent contractor and again you can give a 1099 using an ITIN on the document.

Customer: replied 2 months ago.
I am being put in a situation that is not good.....this man has an i tin number what do I need to do as a employer for this man....they will not give him a ssc. He needs some sort of documentation to get financial help. What should I do?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
I am afraid that if all he can get is a ITIN, that is sufficient for all tax forms. You need to just give him the normal documentation you would give to any other employee and that is all you are responsible to do.