1099 Misc Liability Issue
My question involves business law in the state of: OH
Hi,I'm a self employed truck driver/mover.
I just filed my income tax for 2008.
I have an employee(I call him helper) and told him before he started that
I have to send him 1099 at the end of the year and he agreed to it.
Now,when it came down to it,he is refusing to give me his SSN.
He's an older guy(64) and gets social security and he told me in the beggining
that he can't make more than $12000 a year.
So,I made sure he made less than that but now he just don't want to pay
his part of tax at all,I guess.
I claimed him under contract labor and got deduction for it but
I did pay what I owe to IRS .
I know it was my stupidity caused this and my wife has already screamed at me
for not getting it before I even started using him but I trusted him.
He's been a good friend of mine for a quite a while.
I have his full name,address and phone#.
At this point,in this situation,what option do I have?
Can I legally go after him even if I end up paying his tax?
Any help would be greatly appreciated.
Re: 1099 Misc Liability Issue
You can probably find an online records searching business that, upon confirmation of your employment relationship, can obtain his SSN.
Is the problem that he's getting Social Security disability benefits, as opposed to simply getting retirement benefits? With the income you describe, for it to affect retirement benefits, he would have to be under full retirement age and have earned additional money at another job.
Re: 1099 Misc Liability Issue
Hi,Mr.Knowitall.Thank you for responding.
Quote:
You can probably find an online records searching business that, upon confirmation of your employment relationship, can obtain his SSN.
That sound like a good idea but I have no clue what site to go to obtain it.
Can you name a site where I can do this?
Also,regarding his social security,
What I know is he has retired a couple years ago.
He is 64,gets pension and social security(retired) totaling about $3500 a
month.
He's married and has a mentally challenged adult son lives with him so
I'm assuming he gets social security for his son,also.
I'm still in my 40's so I don't know too much about how social security
works but he's the one told me he can make up to $12000 a year and
doesn't get taxed.
Does this sound right to you?
Re: 1099 Misc Liability Issue
I'm not going to recommend a site, as I can't promise either the quality of their service or if they'll be able to produce a SSN for you. If you search Google (for example) you'll find a lot of companies advertising their services.
Re: 1099 Misc Liability Issue
Thanks,Mr.knowitall.
I think I'll try one of these site and see what happens.
Re: 1099 Misc Liability Issue
An employer has to make an legit effort to get their employee's current and past their W2 and 1099. Send it certified to his known address keep the postal receipt for your records. You're not in the wrong. A sole proprietor is allowed to hire subcontractors without holding any taxes for them.