When to do W-9/1099 and Independent Contractor Agreement

When to do W-9/1099 and Independent Contractor Agreement

Burlington, KY 路 Member since 2017 路 9 posts 路 3 votes

I am new to investing (focused just on flipping right now)and have never run a small business. Through books I've read recommended on Bigger Pockets and researching, I know that you need to have independent contractors fill out a W-9 and then send them a 1099 at the end of the year.  I have a couple of questions that for some reason my accountant can't seem to clarify for me.

1.) How do you know which contractors you use need to fill out a W-9? For instance, I know that a couple of my general contractors have their own LLC and are smaller companies and therefore probably need to fill them out. If I use a large company for HVAC or something, I imagine they don't need to fill out a W-9. I was wondering if there is a definitive way to know who to have fill out a W-9 so I don't just throw them at everyone like my accountant suggests.

2.) If I am using a general contractor to manage my whole project and the cost of the subcontractors that he uses are rolled into his lump sum fee that I pay over scheduled increments, do I just have the general contractor fill out a W-9 since I am only issuing checks to him?

3.) When filling out Independent Contractor Agreements, do I literally have each subcontractor fill one out?  And again, if my GC is managing everything, do I need to have all of his subs sign an Independent Contractor Agreement or is it covered under the one the GC signs since I am just paying him?

Sorry for questions that I feel are probably very basic, but I've been unsuccessful in searching the forums, searching online, and in talks with my accountant.

Thanks!

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Investor 路 Cincinnati, OH 路 Member since 2013 路 23 posts 路 12 votes
8y

The general rule is if the business is incorporated then you do not need to fill out a 1099-Misc. Therefore any LLC or individual name will need to receive a 1099-Misc. The filing requirement threshold for a 1099-Misc is $600. So if any contractor is below that amount you are not required to file a 1099-Misc. If you are unsure and want to file, its always better to get the W-9 filled out and file a 1099-Misc.

If you are only paying the GC (GC pays subs), then you only file with the GC.  Your expense is related to him.  He will need to file a 1099 for all the subs.

I am not 100% sure on the 3rd question, however I would take a stab saying if you have a contract with the GC that it states anyone he hires (subs) falls under this agreement.  Since you are paying only one person (GC), then i wouldn't think you would need a contract for every sub.  The one contract you have with the GC which has the clause anyone he/she hires fall under that initial contract.

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  • Rental Property Investor 路 Gainesville, FL 路 Member since 2015 路 1k+ posts 路 432 votes
    8y
    Originally posted by @Jared Patton:

    I am new to investing (focused just on flipping right now)and have never run a small business. Through books I've read recommended on Bigger Pockets and researching, I know that you need to have independent contractors fill out a W-9 and then send them a 1099 at the end of the year.  I have a couple of questions that for some reason my accountant can't seem to clarify for me.

    1.) How do you know which contractors you use need to fill out a W-9? For instance, I know that a couple of my general contractors have their own LLC and are smaller companies and therefore probably need to fill them out. If I use a large company for HVAC or something, I imagine they don't need to fill out a W-9. I was wondering if there is a definitive way to know who to have fill out a W-9 so I don't just throw them at everyone like my accountant suggests.

    2.) If I am using a general contractor to manage my whole project and the cost of the subcontractors that he uses are rolled into his lump sum fee that I pay over scheduled increments, do I just have the general contractor fill out a W-9 since I am only issuing checks to him?

    3.) When filling out Independent Contractor Agreements, do I literally have each subcontractor fill one out?  And again, if my GC is managing everything, do I need to have all of his subs sign an Independent Contractor Agreement or is it covered under the one the GC signs since I am just paying him?

    Sorry for questions that I feel are probably very basic, but I've been unsuccessful in searching the forums, searching online, and in talks with my accountant.

    Thanks!

    I can only answer #1 as I recently went through this. 

    My painter, flooring, handyman, has an LLC but also accepts payment in his name. I had him fill out a W9 and will issue a 1099 at the end of the year because in total all his work for which I paid was over $600.

    Large companies are generally Inc. So they don't apply.

    My CPA said the reasoning behind it is to ensure they pay their taxes for this is income to them.

  • Burlington, KY 路 Member since 2017 路 9 posts 路 3 votes
    8y

    Thanks Daria! Did he fill it out with his personal name or under an LLC?

  • Rental Property Investor 路 Gainesville, FL 路 Member since 2015 路 1k+ posts 路 432 votes
    8y
    Originally posted by @Jared Patton:

    Thanks Daria! Did he fill it out with his personal name or under an LLC?

     He used his personal name. He asked and said he could do either way I wanted. As long as he did it i was glad. Those that are apprehensive i don't do business with. 馃槉

  • Investor 路 Cincinnati, OH 路 Member since 2013 路 23 posts 路 12 votes
    8y

    The general rule is if the business is incorporated then you do not need to fill out a 1099-Misc. Therefore any LLC or individual name will need to receive a 1099-Misc. The filing requirement threshold for a 1099-Misc is $600. So if any contractor is below that amount you are not required to file a 1099-Misc. If you are unsure and want to file, its always better to get the W-9 filled out and file a 1099-Misc.

    If you are only paying the GC (GC pays subs), then you only file with the GC.  Your expense is related to him.  He will need to file a 1099 for all the subs.

    I am not 100% sure on the 3rd question, however I would take a stab saying if you have a contract with the GC that it states anyone he hires (subs) falls under this agreement.  Since you are paying only one person (GC), then i wouldn't think you would need a contract for every sub.  The one contract you have with the GC which has the clause anyone he/she hires fall under that initial contract.

  • Investor 路 Cincinnati, OH 路 Member since 2013 路 23 posts 路 12 votes
    8y

    @Jared Patton see my response above.  I am a CPA and if you need help with your taxes or bookkeeping please feel free to reach out.

    Phil

  • Burlington, KY 路 Member since 2017 路 9 posts 路 3 votes
    8y

    Thank you very much Phillip! That's exactly what I was looking for. If anything else comes up, I will be reaching out. I see you are from Cincinnati. Do you have a local office? 

  • Carl FischerPro Member
    Rental Property Investor 路 Ambler, PA 路 Member since 2015 路 2k+ posts 路 1k+ votes
    8y

    @Jared Patton

    Rule of thumb- if you pay anyone more than $600 and they are not incorporated you should get W9 and issue 1099. 

    Question 3 -If you don't pay anyone you don't need a W9. 

  • Investor 路 Cincinnati, OH 路 Member since 2013 路 23 posts 路 12 votes
    8y
    Jared Patton I sit in an office over in Anderson Township near 275 on the east side. I am more than welcome to meet you at some point if you would like to talk in person. Please let me know. PM me
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