Steps for Hiring a 1099 Employee (Plus What Forms are Required)

Hiring a 1099 employee can be a great way to fill a need in your business without having to commit to a full-time employee. As a business owner it’s essential to understand the differences between 1099 employees and W-2 employees, as well as the legal considerations involved. 1099 employees are not subject to the same regulations as traditional employees, and therefore have a greater degree of flexibility. However, it is important to understand the tax implications, as 1099 employees are considered self-employed for tax purposes. This blog post will provide an overview of the benefits and considerations involved in hiring a 1099 employee, so that you can make an informed decision when it comes to recruiting and onboarding a 1099 employee.

Hiring workers as employees vs independent contractors with Hector Garcia | QuickBooks Payroll

Why hire a 1099 employee?

Here are a few reasons why a company or organization might find it advantageous to hire a 1099 worker:

Financial savings

Employing independent contractors can help businesses and organizations cut costs on a variety of business-related expenses, such as office supplies and furniture, insurance, benefits packages, and additional training and development. Due to this, businesses frequently only pay freelancers for their immediate services and rarely need to incur additional expenses to enable them to carry out their tasks.

Simple maintenance

Employers of freelancers may find it simpler to onboard and pay them. This frequently occurs because independent contracts require less paperwork and background checks. Payroll is also simpler to maintain since it only occurs at the predetermined times specified in the contract and doesn’t require tax withholdings.


Companies can hire people who specialize in particular fields or practices when they hire people on a contract basis. This makes it possible for businesses to hire professionally qualified personnel who can provide assistance in unique situations. For instance, if a business needs a graphic designer to assist with developing new marketing promotions, they can hire a specialist to assist until the task is finished.

What is a 1099 employee?

An individual who provides their services as a freelancer to businesses and organizations is a 1099 employee. The term “1099” refers to specific paperwork that a person must fill out in order to categorize their work and current employment status with the business as independent contractors. Companies frequently negotiate a contract outlining the project’s terms and payment for completing the assignment when hiring a 1099 employee. Freelancers work until they complete their contracts, at which point the business chooses whether to continue using their services or not.

How to hire a 1099 employee

Here is a list of actions you can take to assist with hiring a 1099 worker:

1. Correctly classify the individual

It can be crucial for businesses to classify new hires correctly because doing so can help them properly inform the Internal Revenue Service (IRS) of their employment relationship. A clear definition of the working relationship can assist businesses in safeguarding their assets and averting any potential legal issues in the future. The IRS frequently uses a system to aid them in classifying a person’s status with a company that takes three different factors into account:

Behavioral control aids in determining the degree of control the business has over the work that employees do and how they complete it. This can include specifying whether the employer offers additional training, whether it allows the employee to set their own schedule, and whether they can decide what order to complete their tasks.

Financial control defines how the company manages payments and finances. This can include whether the employer covers employee expenses, whether the worker submits invoices for payment, and whether they supply their own tools and equipment for the job.

The existence of a contract and the specific benefits or information it contains are determined by relationship factors. For instance, the IRS may label the person as a full- or part-time employee rather than a freelancer if the business offers vacation time and health insurance.

2. Check credentials and employment history

Companies can benefit from checking an employee’s credentials and work history because it can help them determine how well the person can contribute to their project or goal. This can assist employers in determining whether the freelancer has the necessary education and training for the position and in comparing their asking price to their level of experience.

A background check may also be required by the state for some positions, especially if the independent contractor will be working with the elderly, children, or people with disabilities.

3. Create a contract

Companies can classify independent contractors for the IRS and establish guidelines for the project or assignment that the independent contractors can easily follow by creating a thorough contract for them. It can be advantageous for the contract to contain comprehensive details regarding payment schedules, the duration of employment, and any necessary non-disclosure agreements.

It can also be crucial to clarify who owns the rights to intellectual property if the freelancer develops creative work.

4. Have them fill out the proper forms

It can be important for them to fill out the required paperwork before they start, as well as keep track of any forms that need to be completed after they complete their duties, when officially looking to hire an independent contractor into a company or business. These forms can include:

It can be crucial for the business to fully negotiate the contract before the freelancer begins their work and have the individual sign that they understand and accept the terms and project requirements. It may be advantageous for the business to retain a copy of the contract for its records after it is signed.

The IRS requires independent contractors to complete the W-9 tax form. The form asks for the contractor’s name and taxpayer identification number and determines whether the independent contractor is authorized to work in the US. It can be crucial for businesses to keep a copy of each W-9 form for independent contractors on hand.

The 1099-MISC form is typically needed if a business or organization paid a freelancer more than $600 for their services over the course of a year. If so, the business must then send the form to the freelancer by the end of January, containing information about how much they were paid for the entire year.

5. Integrate into company

Including independent contractors in company culture can improve their performance and boost their sense of fulfillment at work. When you hire an independent contractor, it can be beneficial to have an initial meeting with them, either in person or virtually. At this meeting, you can introduce them to the business and convey important information, such as the mission and goals of the organization.

Introducing them to other staff members and giving them a list of people they can get in touch with if they have any questions or concerns about their project can also be beneficial. This can make them feel like they’re a part of the company’s growth and help them finish their contract more quickly.


Can I hire someone as a 1099 employee?

Because they can complete non-essential tasks quickly and make it easier for businesses to expand and develop, businesses frequently employ 1099 workers. It can be helpful to comprehend independent contractors’ key advantages and the most effective way to hire them if you’re hoping to work with them.

What do you need for a 1099 employee?

How is an independent contractor paid?
  1. Obtain the Form W-9, Request for Taxpayer Identification Number and Certification, from the independent contractor.
  2. Provide compensation for work performed. …
  3. Remit backup withholding payments to the IRS, if necessary. …
  4. Complete Form 1099-NEC, Nonemployee Compensation.

How do I recruit a 1099 employee?

In your job posting, make it clear that the position is temporary and that whoever you hire won’t be an official employee at least several times. Try to give several different descriptions of the contractor role. For instance, the job title in your advertisement might say “contractor” or “freelance.”

Who pays taxes for a 1099 employee?

As a 1099 worker, do I have to pay taxes? Yes, you are in charge of paying your own taxes. Like with W-2 employees, your client won’t deduct federal or state taxes from your payment. You should receive Form 1099-MISC from your client to report your income to the IRS if you are paid $600 or more.

How does a 1099 employee work?

Non-employee workers who receive only payment for the work they do without any other benefits or tax deductions are referred to as “1099 employees” People frequently refer to them as independent contractors, freelancers, self-employed people, or sole proprietors because they aren’t technically considered employees.

Related Posts

Leave a Reply

Your email address will not be published. Required fields are marked *