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maid wants a 1099

Posted on 3/2/17 at 5:20 am
Posted by TigerV
Member since Feb 2007
2504 posts
Posted on 3/2/17 at 5:20 am
I don't have a problem with generating a 1099 for our maid, but i have never done this either. A few questions, is it too late to generate the form? W2's had to be out a long time ago, when is the deadline for filing the 1099 for a contractor? What is the process and can I use TurboTax or equivalent software to create and file the form with the IRS?

Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 3/2/17 at 5:55 am to
The deadline is (well, was) Jan 31. No idea what happens if you're late.

Also no idea why she wants a 1099, usually they want to hide their income.
Posted by TigerV
Member since Feb 2007
2504 posts
Posted on 3/2/17 at 6:04 am to
quote:

Also no idea why she wants a 1099, usually they want to hide their income.



daughter is getting ready to start college, probably wants a tax record for federal aid
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 3/2/17 at 7:29 am to
Is that really a contractor to you? Or is that just a service?

I don't provide tax documentation to my terminex guy, or my lawn guy, or the garbage man. I pay for the service. I'm not really contracting them to work for me as an employee. I mean, I guess if it's a full time, live-in maid.
Posted by 632627
LA
Member since Dec 2011
12707 posts
Posted on 3/2/17 at 7:33 am to
next time hire an illegal
Posted by sneakytiger
Member since Oct 2007
2471 posts
Posted on 3/2/17 at 7:42 am to
I might be wrong, but I'm pretty sure individuals don't prepare 1099s.
Posted by 632627
LA
Member since Dec 2011
12707 posts
Posted on 3/2/17 at 8:05 am to
quote:

I might be wrong, but I'm pretty sure individuals don't prepare 1099s.



I think its the other way around. if you are incorporated, you can w2 or 1099 someone. if you aren't incorporated or a parternship you would be considered a sole proprietor, and thus can only 1099.

edit- a sole proprietor can w2 or 1099 it looks like. a w2 would require you to get a fein. doesn't look like a 1099 would, however, you still need to file something at the end of the year.
This post was edited on 3/2/17 at 8:11 am
Posted by baldona
Florida
Member since Feb 2016
20376 posts
Posted on 3/2/17 at 9:03 am to
Yes technically you are supposed to 1099 anyone that you pay over $600 and is not a corporation. Well, I do that with my LLC. If its personal, I don't know how that works? I wouldn't think an individual would 1099 someone, or else anytime you hired a contractor like for home remodel, landscaping, etc you'd have to 1099 them.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 3/2/17 at 9:07 am to
I don't pay my maid nearly enough to warrant a 1099 ($150 a month for 2 deep cleanings).

If you don't mind me asking, how much do you pay her?

Posted by baldona
Florida
Member since Feb 2016
20376 posts
Posted on 3/2/17 at 9:08 am to
quote:

I don't pay my maid nearly enough to warrant a 1099 ($150 a month for 2 deep cleanings).

If you don't mind me asking, how much do you pay her?


The threshold for a business is $600, so if she cleaned your commercial office then yes that is enough.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 3/2/17 at 9:12 am to
Just my house.

Thank god she speaks broken English and likes cash

I don't know what they put in the water in Senegal, but this woman can clean more in 2 hours than I can in 7 days. Like a tornado of cleanliness.

Posted by LSURussian
Member since Feb 2005
126861 posts
Posted on 3/2/17 at 9:38 am to
quote:

Also no idea why she wants a 1099,
Either she is applying for a loan or an apartment somewhere that requires proof of income or she plans on asking for payroll taxes be paid on her behalf by the employer.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 3/2/17 at 9:44 am to
quote:

Either she is applying for a loan or an apartment somewhere that requires proof of income or she plans on asking for payroll taxes be paid on her behalf by the employer.



He said her kid is going to college and its needed for that for some reason. Maybe co-signing student loan?

Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 3/2/17 at 9:48 am to
quote:

If its personal, I don't know how that works? I wouldn't think an individual would 1099 someone



If you're not involved in a trade or business, you're not required to file a 1099. And I wouldn't.

I've seen a couple of cases where an older person had a live-in caretaker, and they issued them a 1099. Well, the IRS came in and deemed the caretaker an employee of the person and hit the individual up for back employer taxes and penalties.
Posted by TigerAlum1982
Member since Sep 2011
1436 posts
Posted on 3/2/17 at 7:22 pm to
If you paid her $2000 or more for 2017, you were required to withhold Social Security and Medicare Taxes. I'm not a tax expert, but you might be opening a can of worms if you give her a 1099, if you meet this threshold and didn't withhold. IRS.gov
quote:

Household employees include housekeepers, maids, babysitters, gardeners, and others who work in or around your private residence as your employee. Repairmen, plumbers, contractors, and other business people who provide their services as independent contractors, are not your employees. Household workers are your employees if you can control not only the work they do but also how they do it.

Social Security and Medicare Taxes (Federal Insurance Contributions Act – FICA)
If you pay cash wages of $2,000 or more for 2017 (this threshold can change from year to year) to any one household employee, you generally must withhold 6.2% of social security and 1.45% of Medicare taxes (for a total of 7.65%) from all cash wages you pay to that employee. You also must pay your share of social security and Medicare taxes, which is also 7.65% of cash wages. (Cash wages include wages you pay by check, money order, etc.) Unless you prefer to pay your employee's share of social security and Medicare taxes from your own funds, you should withhold 7.65% from each payment of cash wages you make.
Posted by rocket31
Member since Jan 2008
41819 posts
Posted on 3/2/17 at 7:26 pm to
nm misread
This post was edited on 3/2/17 at 7:27 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
36940 posts
Posted on 3/2/17 at 7:55 pm to
How much did you pay her? How much a week does she work at your house? Who controls her schedule? Who provides her supplies and equipment?

She's either an employee - in which case she's a W-2 and payroll taxes are involved, or she's a service provider. Since you don't have a trade or business that she contracts with, you don't have to give her a 1099 if she's not an employee.

If she is trying to apply for student loans, she should be able to use her Sch C as proof of income.
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 3/4/17 at 1:21 pm to
quote:

clean more in 2 hours than I can in 7 days


What area is this located in?
Posted by sneakytiger
Member since Oct 2007
2471 posts
Posted on 3/4/17 at 3:00 pm to
I meant that individuals aren't normally required to furnished 1099s to others, be it corporations, partnerships or other individuals.
Posted by achenator
Member since Oct 2014
2944 posts
Posted on 3/4/17 at 6:26 pm to
There is no way I'd do that. I'd giver her a few hundred bucks to help her daughter rather than open that can of worms
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