Wednesday, August 17, 2011

EIN and SUBCONTRACTORS?

It is easier to treat your help as subcontract. It is not always correct to do so. If they truly are subcontract then the 1099-MISC is the correct form to report payments over $600. You will need the payee's Social Security number for this. If they refuse to give it to you, send them IRS form W-9, Request for Taxpayer Identification Number (see www.irs.gov). If you file 1099-MISC without their SSN, you may be subject to a penalty. If you show that you properly requested it, the penalty is shifted to the payee, and IRS may require future payments be "back-up" withheld at 20%. The link should take you to an IRS guide on determining the proper treatment of the "subcontractor." Note that there are some pretty hefty penalties for mis-clifying an employee as a subcontractor.

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