TaxGuyBill
Level 15
05-01-2020
07:50 PM
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Possibility #1: They are Self Employed. Report on Schedule C. This is how the business that is paying him is treating him.
Possibility #2: He is a Statutory Employee. A SS-8 should be filed, and he pays FICA on Form 8919. Schedule C would report any expenses. But "traveling sales" doesn't necessarily mean he is a Statutory Employee. And DON'T let the client TELL you that he is. If you think the 1099-MISC is wrong, then YOU need to make that determination.
Possibility #3: He is a 'regular' employee. A SS-8 should be filed, and he pays FICA on Form 8919.
https://www.irs.gov/businesses/small-businesses-self-employed/statutory-employees
Form 4137 is absolutely wrong.