1099-Misc recipients who are really employees and the QBID

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  • cipparulo12345
    Member
    • May 2019
    • 71

    #1

    1099-Misc recipients who are really employees and the QBID

    I have two clients who get a 1099-misc but are really employees so I file a SCH C. Would it be pushing the envelope to give them the QBID?
  • TaxGuyBill
    Senior Member
    • Oct 2013
    • 2360

    #2
    If they are "really employees" (who should receive W-2s), you should a SS-8 and Form 8919 to treat them as employees.

    If they are Independent Contractors (who correctly receive 1099-MISCs), then Schedule C and QBI deduction are correct.


    https://www.irs.gov/newsroom/underst...or-designation
    https://www.irs.gov/businesses/small...ed-or-employee

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    • ATSMAN
      Senior Member
      • Jul 2013
      • 2415

      #3
      As Taxbillguy posted. I would not push QBI. Also you may want to advise your clients that they are really getting ripped off by their employers.

      Many years back we had a marketing outfit in our county and they were paying 90% of their "employees" as independents, issung1099-Misc. Three employees(one my client) filed a claim with the labor board and the employer was charged by IRS and DOR, and the employees were paid restitution for the social security taxes not paid by employer.
      Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

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