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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I plan to hire a police officer on a regular monthly basis

Resolved Question:

I plan to hire a police officer on a regular monthly basis to patrol our community. is 1099 Misc. the correct form to use?
Submitted: 7 years ago.
Category: Tax
Expert:  Merlo replied 7 years ago.

Hello JA Customer,


1099 forms are issued to people who work as independent contractors. This person would not likely fit that description.


An independent contractor is someone who offers their services to various people, they set their own rates and generally set their own schedules and control when and the way the work is done. I assume that you will have this individual be working a set schedule and paying him a set amount per hour or shift. If that is the case, he would really be considered a W-2 employee and you would need to withhold taxes from his pay and issue him a W-2 form at the end of the year.


There are probably instances where people who work this type of job are paid as independent contractors. However, if this person were to ever challenge that position with the IRS, it is likely the IRS would rule that he is an employee and then make you go back and pay in the necessary taxes which should have been withheld.


If this was helpful please press the Accept button.


Thank you JA Customer



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