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Quick question. If an employee does additional and different contract work for the employer can the contract work be reported on a 1099? Or does the established status as an employee trump and all wor
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Employee and contractor

posted at 7/1/2010 9:50 AM EDT
Posts: 4
First: 7/1/2010
Last: 7/16/2010
Quick question. If an employee does additional and different contract work for the employer can the contract work be reported on a 1099? Or does the established status as an employee trump and all work (even unrelated to job) have to be paid as an employee (W2)?

Think Accountant during the week, painting the building on the weekend.

Websites?

Thanks!
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Employee and contractor

posted at 7/2/2010 4:47 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
That is quite the diverse employment!

Just to be squeaky clean about this, I would suggest that the employee incorporate and that you deal with the employee as you would any other vendor for purposes of painting the building. You'll have something of a firewall, and the employee will get certain tax advantages from it.
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Employee and contractor

posted at 7/2/2010 8:14 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Does the employee have a side painting business? Does he do it for other customers? If so you are much safer than if he is ONLY painting for your employer.

Having other customers tends to be huge part of the argument. Being Inc'd is good too.
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Employee and contractor

posted at 7/6/2010 7:04 AM EDT
Posts: 4
First: 7/1/2010
Last: 7/16/2010
Thanks for your help!
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