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New Member
posted Jun 4, 2019 11:01:30 PM

Can I 1099 my spouse if he worked for my LLC

The wife owns the LLC and I work for her on and off through out the year, how do we file that? Do we 1099-MISC the husband like a sub contractor?

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5 Replies
Level 9
Jun 4, 2019 11:01:33 PM

If you actually were a contractor for her, yes, she should send you a 1099-MISC.

However, you may actually be an employee, and that involves A LOT more work.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee">https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee</a>

New Member
Jun 4, 2019 11:01:34 PM

He was a sub contractor but we file jointly and this is his only source of income- am i taxing myself twice using this method? Also we only want to assure he gets credit for SS & MCD later in life.....

Level 9
Jun 4, 2019 11:01:36 PM

No, you will be taxed twice.  Your business will enter it as a deduction, then he will enter it a his own business (and get credit for Social Security on his profit).

Level 7
Jun 4, 2019 11:01:37 PM

Exactly, if he earned at least $600 working for you as a non W-2 employee, you should issue a 1099-MISC to him.

You can then deduct the expense as "Contract Labor".

New Member
May 13, 2020 2:41:25 PM

Hi there, can you help me figure out my case? I'm married and filling separately. Im self employed and received a 1099 in 2019. My husband helped a few times during the year. Can I issue him a 1099 for the work he did to help me? Thank you.

@Marketstar 

@TaxGuyBill