Who Cannot work on 1099?
In the United States, certain individuals are not eligible to work as independent contractors on a 1099 tax basis. These individuals include:
- Employees: Individuals who are classified as employees, rather than independent contractors, are not eligible to work on a 1099 tax basis. The IRS has a set of guidelines, known as the “20 Factor Test,” to determine whether an individual is an employee or an independent contractor.
- Certain professions: Certain professions, such as doctors, lawyers, and architects, are generally not eligible to work as independent contractors and must be classified as employees.
- Statutory employees: Statutory employees, such as full-time life insurance salespeople, are also not eligible to work as independent contractors and must be classified as employees.
- Direct sellers: Direct sellers, such as door-to-door salespeople, are generally not eligible to work as independent contractors and must be classified as employees.
- Certain businesses: Certain types of businesses, such as partnerships and limited liability companies (LLCs), are not eligible to work as independent contractors and must be classified as employees.
It is important for individuals and businesses to understand the eligibility requirements for working on a 1099 tax basis and to consult with a tax or legal professional if they have any questions or concerns.
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