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    rtsconsulting's Avatar
    rtsconsulting Posts: 3, Reputation: 1
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    #1

    Feb 3, 2008, 06:13 PM
    Trouble with Inc or Sole proprietor
    I am an employer and one of my contractors stated back in the beginning of 2007 that he was Incorporated but believe that he is just a sole proprietor. He then told me that he as in the process of converting from a sole proprietor to a C or S corp. We are now 3 days past the deadline for filing a 1099 for this contractor.

    I would need to know what I need to do, as well as the contractor.

    Thanks,
    Richard
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 4, 2008, 01:17 PM
    Give the contractor a Form W-9. He is legally obligated to return it to you so you can properly determine his status.

    If he is was a sole proprietor on 31 December 2007, then you need to prepare a Form 1099-MISC for him.

    I believe the submission deadline for Form 1099 is 15 February 2008.
    rtsconsulting's Avatar
    rtsconsulting Posts: 3, Reputation: 1
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    #3

    Feb 4, 2008, 05:52 PM
    Quote Originally Posted by AtlantaTaxExpert
    Give the contractor a Form W-9. He is legally obligated to return it to you so you can properly determine his status.

    If he is was a sole proprietor on 31 December 2007, then you need to prepare a Form 1099-MISC for him.

    I believe the submission deadline for Form 1099 is 15 February 2008.

    I will give him the W9. Thanks, a lot!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Feb 6, 2008, 01:41 PM
    Glad to help!
    rtsconsulting's Avatar
    rtsconsulting Posts: 3, Reputation: 1
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    #5

    Feb 9, 2008, 04:52 PM
    Quote Originally Posted by rtsconsulting
    I am an employer and one of my contractors stated back in the beginning of 2007 that he was Incorporated but believe that he is just a sole proprietor. He then told me that he as in the process of converting from a sole proprietor to a C or S corp. We are now 3 days past the deadline for filing a 1099 for this contractor.

    I would need to know what I need to do, as well as the contractor.

    thanks,
    richard
    Hi, thank you... i now have another issue related to this. Since i sent out all my 1099's by january 31, and i mailed out the 1096. What do i do next?

    I obviously have to issue the 1099... but do i, can i file a second 1096?

    Richard
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Feb 20, 2008, 09:22 AM
    Yes, a second Form 1096 is required.
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