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If an employer pays you on a 1099 does that mean he spends no taxes on you?

Jacksonville, FL |

Or not?

Attorney Answers 6


  1. Right. No taxes by paid employer. 1099 recipient is independent contractor.

    Postings provided on this forum are informal and do not establish an attorney client relationship. To discuss your matter further please call my office at (760) 340-1800 in Palm Desert or (909) 469-5127 in Pomona. In most instances I offer free consultations.


  2. If you received a 1099, then your "employer" considers you an independent contractor and the payroll taxes are your responsibility. You will have to file a schedule c with your return to show the income and a schedule se to compute the self employment tax.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced law ONLY in LOUISIANA and answers to questions from other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state.


  3. You are considered an independent contractor if you get a 1099...whether this is proper or not depends on many factors. Many companies prefer independent contractors for the reason you identify which is that they do not pay the employer side of payroll taxes for you.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  4. That's true. As one of my colleagues mentions whether you are ACTUALLY an "independent contractor" depends on your relationship with your employer. If we assume that you are (and that the employer did not have to withhold taxes for you or pay employment taxes for you), be sure to check with your accountant. You will have to pay self employment taxes (this is different than your regular income tax), since your employer did not do so for you. Click the link below for my article on the differences between employees and independent contractors.

    Ari Good, Esq. is licensed to practice law only in Florida, Illinois (inactive) and Washington, DC (inactive). Good Attorneys At Law maintains offices in Naples, Florida. The foregoing answer is for informational / educational purposes only: NOTHING IN THE FOREGOING ANSWER MAY BE INTERPRETED AS FORMING AN ATTORNEY CLIENT RELATIONSHIP NOR DOES IT CONSTITUTE TAX OR LEGAL ADVICE. Pursuant to Circular 230, nothing in the foregoing answer may be used for the purpose of avoiding penalties.


  5. I agree with the last answer. Yes it is true that if you are 1099ed, the company 1099-ing you did not pay any associated payroll taxes for you. That also means, as previously noted, that YOU are responsible for those taxes as income you received. Whether you are an independent contractor or not is dependent on your relationship to the company paying you. Do you have set hours? Do you have to work at specific place? Do you invoice the company? There is a whole list of issues to look at to help you determine your true status on the IRS's website.

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