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05/24/2012 at 04:51PM PDT
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fightinghippo
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01/26/09 11:39am PST
Viewed by asker 01/28/09 8:58am PST

1099 question. when should i receive 1099 and who should i send it to?

hello,

I have a situation. Company A paid our company( LLC with two members) for the services of an employee. The employee is not our employee but we sub contracted from another LLC Company C. should i expect get a 1099-misc from Company A?

Should we send a 1099-misc for the same to Company C?

Any help is appreciated

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Lordis
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01/26/09 2:34pm PST

Let make sure I understand your question: Company A paid Co LLC with 2 members for services(regardless what) therefore, Company A needs to issue a 1099 for the LLC. Then you mentioned the LLC - subcontracts/ paying company C - so, they need to issue also a 1099 for Co. C LLC. And if Co. C is also yours then you need to issue a W2 to the employee of Company C. You have all these LLC's Did you consult or seek the advise of Professional Tax Advisor. That really can help you I really suggest you seek help.

1099's are due to the payee by January 31, 2009 then you have more time to file the 1096's with the gov.

You can get more info from IRS website & your State's website for filing rules.

Here is IRS:

www.irs.gov

Good Luck

Lordis Gawzner, EA

A2T Consulting, Inc.

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01/26/09 6:38pm PST

hi Lordis,

Thanks for the answer. But i think there is a small miscommunication.

Company A is paying our company which is an LLC ( owned by two people) . My company is paying another Company C for an employee they have. We have been sending checks to company C based on the hours submitted by their employee. Company C pays what ever they pay for their employee from the amount we send.

Should i expect get a 1099-misc from Company A?

Should we send a 1099-misc for Company C for their employee?

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01/26/09 9:30pm PST

Hi

Great you shed some light - that's why I wanted to make sure I am understanding your question.

Yes, You should be getting a 1099-misc from Co. A - you are an LLC and if company "A" follows the rules they will issue you the 1099. Regardless what co. A does, you make sure to send a 1099 to company C, so IRS will let you keep the deduction if you were audited. However, if you got a 1099 or not make sure to report the income so you are not stuck when audited - not reporting the income & taking the expense. Even when they are a wash you still need to report the income & the expense. So Yes, you need to send a 1099-misc for company C.

By the way the due date to issue the 1099 would have been 1/31/09 but its a W/E so the next working day.

Here is the form for your company to request from vendors/payees so you have full records for your 1099's and signed by the company.

http://www.irs.gov/pub/irs-pdf...

Link to the Form - for info. but make sure you use one issues by IRS or get the accepted ones for scanning.

http://www.irs.gov/pub/irs-pdf...

And check the web site for your state req.

Regards,

Lordis Gawzner, EA

A2T Consulting, Inc.

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01/27/09 7:32am PST

Hi Lordis,

One last question. We got the W-9 from Compnay C. they are an LLC but they checked the tax classification as Corporation from the list of the three choices Disregarded entity, corporation, and partnership. I read somewhere that if it is a corporation we dont need to give 1099. So does that mean since Company C although an LLC lsted them as corporation for tax classification on W-9, we dont need to issue 1099 for them.

Thanks again for your help

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01/27/09 3:19pm PST
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Hi

If the name shows LLC - then its an LLC & you need to send them a 1099. It seems that company C may need help with their stuff (they are an LLC but most likely thay elected to be taxed as a corporation w/IRS) however since the name of the business is LLC - be on the safe side & issue them a 1099 (will not hurt you). When in doubt just file it. Some corporations do sometimes get 1099 it doesnt matter. And nowadays even if they are incorporated lots of business Doctors & Atty's you need to issue 1099's. (Dont ask why - that's what the IRS required recently - if you read the form).

If a business is incorporated their name will either be something with (Inc., Incorporated, Corp. Corporation etc... No business under State law that is incorporated will be incorporated under name LLC - forming an LLC is different then Incorporating. However, if they are using using DBA that wouldnt have an LLC in the name. So, best option just issue it.

Good Luck,

Lordis Gawzner, EA

A2T Consulting, Inc.

We are specialized in small business & have clients nationwide let me know if you need further assistance.

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