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Ask The Taxgirl: Responsibility To Ensure Independent Contractor Files?

Kelly Phillips ErbJanuary 4, 2009May 19, 2020

Taxpayer asks:

Aloha

Do I have any liability if I issue a 1099 to a contractor but they fail to report it or file their taxes?

Thanks for your input.

Taxgirl says:

Nope. Your job is done so long as you properly and timely issue the form 1099 to the independent contractor and file the associated paperwork (in most cases, a form 1096).

If the taxpayer fails to file, that’s on him (or her). The same would be true for an employer who issues a form W-2.

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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3 thoughts on “Ask The Taxgirl: Responsibility To Ensure Independent Contractor Files?”

  1. Mary Kay Foss says:
    January 5, 2009 at 8:57 pm

    Here’s a follow up question. Let’s say that the contractor won’t give you a SSN. If you file the Form 1099 without it, are you liable for back up withholding?

    Would it make a difference if the contractor helped out with your rental property (not always treated as a trade or business) versus your business?

    Reply
  2. Kelly says:
    January 8, 2009 at 9:26 am

    You can be subject to a penalty for not obtaining a contractor’s taxpayer identification number. The taxpayer may also be subject to backup withholding.

    As to whether there is a difference between the rental property versus business, I’d say no. However, to the extent that the person is an actual employee versus independent contractor, I’d say yes. IMO, you run a greater risk of being cited for noncompliance for an employee (though that’s certainly not always true).

    Reply
  3. Liz says:
    January 20, 2009 at 1:26 pm

    That said, if you have misclassified employees as contractors, you could have exposure for risk of a different kind. The IRS or another tax agency might audit the contractor, or the contractor might fill out an SS-8 or an 8919 form to protest their classification, and this might result in a misclassification audit for you. Here is a site that goes over contractor classification and the potential consequences for getting it wrong:
    http://www.mbopartners.com/learning/compliance.html

    Reply

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