Ask Experts Questions for FREE Help !
Ask
    paellis's Avatar
    paellis Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 23, 2012, 11:55 AM
    Spouse issuing 1099 to spouse
    I work as a subcontractor for 4 months this year where I will receive a 1099 form. My husband in turn worked for me to help me out in special circumstances can I issue a 1099 form to him to cover this work. Will the amount I pay to my husband be deducted from my personal income on our joint return. What additional forms would we need to file if any?

    Thank you

    Peggy
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #2

    Oct 23, 2012, 12:37 PM
    If in fact you actually paid your husband then yes, you can issue a 1099 to him. You would deduct this as a business expense on Schedule C. You would need to provide a copies of the 1099-MISC to the IRS and your state tax office, and also file form 1096. But given that you file jointly - what's the point of creating all this paperwork?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Oct 23, 2012, 01:40 PM
    To phrase it a different way, you can deduct your husband's 1099 but he has to pay taxes on it, including SE straight off the top.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Oct 23, 2012, 05:38 PM
    What both Joypulv and ebaines are driving at is that generating the 1099 will cause your husband to have to file his OWN Schedule C and pay BOTH income AND self-employment tax on the money you paid him.

    While you will generate a legitimate expense that will lower your income, your husband will then have to pay the mentioned taxes on the payment you gave him.

    It is a massive paperwork drill without virtually NO tax benefits, UNLESS the money is used by your husband to fund a retirement plan or IRA.
    paellis's Avatar
    paellis Posts: 3, Reputation: 1
    New Member
     
    #5

    Oct 24, 2012, 07:47 AM
    The problem is not paying taxes on earned income the problem is that I did pay him an income but was not going to use a 1099 however, business has been better this year and I will exceed the earnings limit for my social security the $14000+ if I don't issue a 1099 to my husband to lower my income. I figured it would be a lot of paperwork, but I feel the need is there due to SS cap.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #6

    Oct 24, 2012, 07:58 AM
    I see - just to be clear, this cap is because you are receiving SS prior to full retirement age, correct? Keep in mind that if you do lose some SS income this year the cap goes away when you reach full retirement age, and your payout then will be bigger than it would have been otherwise. So even if you are docked 50% of SS payouts this year you may well get it back later in increased payouts.
    paellis's Avatar
    paellis Posts: 3, Reputation: 1
    New Member
     
    #7

    Oct 25, 2012, 10:03 AM
    Yes I realize this however unfortunately I can't afford to go without a payment for 2 or 3 months, the crash in 2000 deleted our retirement accounts drastically and we need this additional income. This is a one shot deal as my husband now works for the same company and we will receive a W2 for this year beginning with May income. I feel that paying the taxes will be cheaper than losing 2-3 months of SS benefits at this time.

    Peggy

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Is a step-parent liable for spouse's child support if spouse does not work? [ 3 Answers ]

As a step-parent, am I liable for paying child support on behalf of my spouse if my spouse does not generate income? I did not adopt her children, and just because I married her doesn't mean I should be obligated to pay her ex, or does it?

Receive 1099 from spouse? [ 4 Answers ]

My wife is a sole proprietor Dentist. I perform odd jobs like purchasing supplies, and simple repairs, in addition to billing ang bookkeeping. I have another fulltime job. Can she pay me on a 1099-misc? Can I then file a second schedule C and deduct expenses on automobile, computer and phone? We...

How does abused spouse still married due to health and lack of income leave spouse? [ 1 Answers ]

After counseling, police victim advocate and social workers, everyone says leave, but due to no recent physical abuse (tons of verbal, neglect, antagonistic mentally cruel treatment daily), and due to his income being included though we've lived separately for 2.5 years. I cannot qualify for...

How to get 1099 for a separated spouse [ 1 Answers ]

I am separated from my spouse and just found out that my spouse did not file taxes for two years (I filed married separate). She was not working during this time either but claims she owes the IRS $14,000 which I suspect comes from gambling winninigs. I would like to get copies of her 1099's. How...

1099 from one spouse to another [ 7 Answers ]

Hi, I am recently separated and my ex husband wants to be in a lower tax bracket, and has come up with a scheme for that. He has been giving me 1000.00 a month as spousal support and he wants to give me a 10999 at the end of the year so that it appears that he has paid me 12,000. For "services"(...


View more questions Search