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Old 08-20-2012, 06:37 PM
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"1099 employees" Legal or Illegal?

Can it be done legally?
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Old 08-20-2012, 06:41 PM
DEPENDABLE LANDSCAPING DEPENDABLE LANDSCAPING is offline
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I am not an accountant, but i do believe it is illegal to 1099 your employees. To pirposely not pay an employees taxes and comp insurance is against the law.
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Old 08-20-2012, 07:13 PM
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bump, this gonna be good.
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Old 08-20-2012, 07:46 PM
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Quote:
Originally Posted by DEPENDABLE LANDSCAPING View Post
I am not an accountant, but i do believe it is illegal to 1099 your employees. To pirposely not pay an employees taxes and comp insurance is against the law.
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This is what my CPA has always told me, but I have to say my wife worked for a real estate mag for over 20 years in the office handling calls and in the field taking photos using his equipment on his schedule and got a 1099 every year. When the economy crapped out she was laid off, filed for unemployment and was told no go, she was a subcontractor. My CPA has no answer for this.
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Old 08-20-2012, 07:48 PM
Duekster Duekster is offline
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There is no such thing as a 1099 employee.
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Old 08-20-2012, 07:54 PM
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cgaengineer cgaengineer is offline
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There is no such thing as a 1099 employee.
Just a sub contractor. If he uses your equipment, your trucks and on your schedule he is an employee.
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Old 08-20-2012, 08:01 PM
Duekster Duekster is offline
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Originally Posted by cgaengineer View Post
Just a sub contractor. If he uses your equipment, your trucks and on your schedule he is an employee.
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Exactly. While it is done often... it is not legal.

The two terms do not combine in the tax code. 1099 / employee does not exist

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Old 08-20-2012, 08:07 PM
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grandview (2006) grandview (2006) is offline
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Quote:
Originally Posted by zturncutter View Post
This is what my CPA has always told me, but I have to say my wife worked for a real estate mag for over 20 years in the office handling calls and in the field taking photos using his equipment on his schedule and got a 1099 every year. When the economy crapped out she was laid off, filed for unemployment and was told no go, she was a subcontractor. My CPA has no answer for this.
Might of been claiming her as a freelancer.
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Old 08-20-2012, 08:28 PM
tjlco tjlco is offline
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No no no and more no. Unless they have their own equipment & insurance & trucks ect....and subcontract work from you. Sure you can do it, I know guys that have been for a couple years. I'd hate to see the IRS penalties when they get caught
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Old 08-20-2012, 08:35 PM
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You could possibly lease your equipment to them...
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