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leela
New Member

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

 
1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

Yes, but.........

As others have said, they are most likely employees and not independent contractors. See https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

The most important thing is to have  an understanding, up front, on how taxes will be handled. It's unfair to hit the employee with a 1099-Misc, with it's 8% additional tax liability, after the fact.  

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5 Replies
xmasbaby0
Level 15

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

Are you running a tutoring center?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
TaxGuyBill
Level 9

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

Most likely, they are Employees (w-2, plus payroll returns and more), NOT Independent Contractors (1099-MISC).
<a rel="nofollow" target="_blank" href="https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation">https://www.irs.gov/n...>
xmasbaby0
Level 15

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

@TaxGuyBill You read my mind.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
xmasbaby0
Level 15

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

@TaxGuyBill You read my mind.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

Can I file 1099 misc for my teachers who work part time in my after school program and work 20 hrs or less per week, without benefits.

Yes, but.........

As others have said, they are most likely employees and not independent contractors. See https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

The most important thing is to have  an understanding, up front, on how taxes will be handled. It's unfair to hit the employee with a 1099-Misc, with it's 8% additional tax liability, after the fact.  

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