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If filing jointly, is it okay to have W-2 in spouse's name for independent contractor direct sales work?

My wife is an independent contractor for direct sale work.  For whatever reason, the W-2 she received has my name and social security number on it.  Does it matter if it's in my name or hers if we are filing jointly?  This is her only W-2 for the year and all other income for our family is in my name for taxes.

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1 Best answer

Accepted Solutions
DanielV01
Expert Alumni

If filing jointly, is it okay to have W-2 in spouse's name for independent contractor direct sales work?

It's not ideal, but she can file it in her name.  You may want her to contact the company who paid her so that she can receive this document in the future.  

But the reason why she can file it is because of the nature of the work:  contract work.  Although you are technically being paid for it, you can turn right around and "contract" your wife to do the work.  She claims the income on her own Schedule C (but will enter the 1099-MISC with your information, since that is how it is reported).  

A W-2 is different.  The income from a W-2 cannot be transfered, because there have been taxes taken out of it already attributed to the person in whose name the form is issued.  However, the 1099-MISC has had no taxes withheld; therefore, she can claim this income more "easily" and then apply proper expenses, etc.  

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3 Replies
DanielV01
Expert Alumni

If filing jointly, is it okay to have W-2 in spouse's name for independent contractor direct sales work?

Is it a W-2 or a 1099-MISC form?  That makes a difference.
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If filing jointly, is it okay to have W-2 in spouse's name for independent contractor direct sales work?

It is a 1099-MISC form.
DanielV01
Expert Alumni

If filing jointly, is it okay to have W-2 in spouse's name for independent contractor direct sales work?

It's not ideal, but she can file it in her name.  You may want her to contact the company who paid her so that she can receive this document in the future.  

But the reason why she can file it is because of the nature of the work:  contract work.  Although you are technically being paid for it, you can turn right around and "contract" your wife to do the work.  She claims the income on her own Schedule C (but will enter the 1099-MISC with your information, since that is how it is reported).  

A W-2 is different.  The income from a W-2 cannot be transfered, because there have been taxes taken out of it already attributed to the person in whose name the form is issued.  However, the 1099-MISC has had no taxes withheld; therefore, she can claim this income more "easily" and then apply proper expenses, etc.  

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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