With the calendar year quickly coming to a close, many business owners begin to review responsibilities for reporting taxes. One form small business owners frequently use is the 1099. There are twelve types of 1099 forms, but the one most commonly used is the 1099 MSC. Independent contractors, or freelancers, must use this to report income. With the changing economy, more employers have been turning to independent contractors rather than hiring full-time employees, and these businesses must report any services purchased in excess of $600. A business that employs an independent contractor must supply that contractor with a 1099 form at the end of the fiscal year, and the freelancer is required to use the 1099 form to report income and calculate any taxes due.
While regular employee wages are reported on W-2’s, only non-employee compensation is reported on the 1099-MSC. Misclassifying a worker as an independent contractor instead of a regular employee can cause costly problems with the IRS, so be careful to get the classification correct. The following are points to consider when determining whether a worker is an employee or independent contractor.
The 1099 must be sent to the independent contractor no later than January 31 of the year after the service was rendered, and there are financial penalties for sending it late or failing to send. The IRS is able to track financial transactions and cross-reference the amount recorded. It is easy to blur the line between an employee and an independent contractor, and the IRS is cracking down, so it’s important to get it right!
THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.