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    puffyme's Avatar
    puffyme Posts: 2, Reputation: 1
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    #1

    May 31, 2011, 07:43 PM
    Employee w-2 question
    A 1099 contractoe. Has limited employee obligation as trader. Receives emploer paid health insurance as employee consideration. Is w-2 required?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 31, 2011, 08:16 PM

    They can not be a 1099 employee if they are receiving company insurance. They would be a W2 and the company paying them are liable for employee paid taxes.

    A 1099 worker has no employee obligations, and can not get any company benefits.

    Once the company provided them benefits they became liable for payroll taxes, workers comp, unemployment and more
    puffyme's Avatar
    puffyme Posts: 2, Reputation: 1
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    #3

    May 31, 2011, 08:24 PM
    Comment on Fr_Chuck's post
    They have two separate jobs. One is commissioned sales. The second is to be on call to execute security trades. Sometimes may trade several times in one week. Other times may not trade for months. Health insurance was compensation for on call status. Does this change your opinion?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jun 1, 2011, 03:45 AM
    I've worked for people in the building trades who legally paid WC for subcontractors, sole proprietors who didn't have their own comp. I would imagine that this person does qualify as a 1099 contractor and could receive health plan benefits; I'm just surprised that the health plan allowed it.
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