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-   -   Can I 1099 an employee that I pay a base salary (https://www.askmehelpdesk.com/showthread.php?t=440821)

  • Jan 29, 2010, 07:59 PM
    RLCartwright34
    Can I 1099 an employee that I pay a base salary
    I have 2 employees. I plan to 1099 both. The 1st employee will be paid comm. Only based on production. The 2nd employee I will pay base salary plus comm. That also is based on production. I will retain a % of their comm. As they have accessibility to office space, supplies, etc. Am I in my rights to treat both as Independent Contractors? Both are in insurance related sales. I own an LLC Corporation, Thank You!
  • Jan 30, 2010, 01:22 AM
    MukatA

    Read this Independent Contractor (Self-Employed) or Employee?

    If you wrongly treat a W-2 employee as an independent contractor, the employee can file Form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. With IRS.

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