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Level 1
posted Mar 10, 2021 7:03:28 AM

My 1099misc earnings were all from my CURRENT employer for 2020 for weekend work. Should I check "all this work was for FORMER employer" if qualifies for QBI?

Was paid via regular payroll for hours worked during the week. Paid by direct vendor check as a sub for work on weekends at the same project.

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1 Best answer
Expert Alumni
Mar 10, 2021 7:54:53 AM

This does not qualify for QBI. I don't know why he would pay you as a contractor.

 

Adapted from AnnetteB6:

 

This is especially important if the services you are providing as an independent contractor are substantially similar to the services you provide as an employee.  The IRS will presume that you are an employee if the services are substantially the same until 3 years have passed from the time you were an employee. 

2 Replies
Expert Alumni
Mar 10, 2021 7:54:53 AM

This does not qualify for QBI. I don't know why he would pay you as a contractor.

 

Adapted from AnnetteB6:

 

This is especially important if the services you are providing as an independent contractor are substantially similar to the services you provide as an employee.  The IRS will presume that you are an employee if the services are substantially the same until 3 years have passed from the time you were an employee. 

Level 1
Mar 10, 2021 7:58:02 AM

Ok, thank you. I'm pretty certain that he did this to avoid having to pay OT.