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1099 or W-2?
Five minutes from now, you'll know the difference.
People welcoming you to the Intuit 1099 & W-2 Wizard
Welcome to the Intuit 1099 & W-2 Wizard. Simply answer 10 short questions about a given worker and you'll receive a classification recommendation based on IRS guidelines.
Let's Get Started
Women walking out bakery with briefcase
How often does this person work for you?
How regularly someone works for you is even more important than how many hours they work for you.
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An accountant, who balances the books quarterly, falls into the occasionally category. An assistant, who comes in Thursdays, would be considered part time (ongoing).
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Calendar
Do you set the person's schedule?
A key indicator of employment status is how much control you exercise over a worker's schedule.
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Select Yes if you set when a worker needs to perform their job.
Select No if the worker sets their own schedule.
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People looking at flower vase
Do you instruct or supervise the worker?
While you're probably providing all workers with some guidance, how much control you have over their approach helps determine their status.
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Select Yes if you provide training, instruction or supervision.
Select No if the worker uses their methods with minimal direction.
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Workers exchanging money
If additional workers are needed for a job, who hires them?
The amount of control you have over a worker's decision-making power is an important factor.
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If your property-management firm has a handyman who needs to bring in an electrician, who would hire and pay them? If it's your responsibility, the handyman may be an employee.
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Construction painter
Who provides the tools and materials necessary to complete the job?
Employees use the company's equipment and supplies—and independent contractors provide their own.
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Select I provide all if you supply equipment and supplies.
Select Worker provides all if the person uses their own.
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Wall mounted time punch clock
How is the worker paid?
The timing and method of payment are important indicators of worker status. Employees are often on payroll, whereas contractors invoice you.
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If the person is paid regularly, they're most likely an employee. However, those who are paid only when a project is complete, or a sale is made, may be an independent contractor.
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A worker driving a car
Do you reimburse this worker for any business or travel expenses?
Companies generally reimburse employees for expenses, while independent contractors pay their own.
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If you cover a landscaper's mileage or gas, they may be an employee. But if they're responsible for their own transportation costs, they might be an independent contractor.
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Women working in catering kitchen
Can this worker's decisions impact their own profits or losses?
Independent contractors generally take on a degree of financial risk that employees don't. Renting an office, maintaining equipment, advertising and having multiple clients can all indicate profit-or-loss risk.
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Select Yes if the worker takes on risk, such as rent or advertising services.
Select No if the worker has no risk and no fixed costs.
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Work badges
Is this person hired to work indefinitely, or for a specific project or time period?
How long someone works for you is one of the key considerations in determining employee status.
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Someone who works indefinitely is probably an employee.
Someone who works on a specific project or for a fixed time period may be an independent contractor.
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A cashier at work
Are the person's activities essential to your day-to-day business?
The role a person plays in your broader business is a critical factor.
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Select Yes if the worker is essential, such as a cashier in a store.
Select No if the worker is an outside specialist, like a plumber who's called in for emergency repairs.
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1099 independent contractor
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I'm more likely to be classified as a 1099 independent contractor
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1099 independent contractor
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I'm somewhat likely to be classified as a 1099 independent contractor
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I'm somewhat likely to be classified as a W-2 employee
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W-2 employee
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I'm more likely to be classified as a W-2 employee
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W-2 employee
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I'm highly likely to be classified as a W-2 employee
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W-2 employee
Highly likely
More likely
Somewhat likely
Somewhat likely
More likely
Highly likely
1099 Contractor
 
 
 
 
W-2 Employee
We're recommending this classification because you told us:
  • You don't fully direct how, when, and where this person works
  • This person controls his or her own finances
  • The person's service is relatively incidental to your business
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Determining worker status is a tricky business. And, while the 1099 & W-2 Wizard is based on IRS guidelines, we recommend you consult your tax or legal advisor.
We're recommending this classification because you told us:
  • You control how, when, and where this person works
  • This person takes little or no personal financial risk
  • This person's work is relatively important to your business
tip
Determining worker status is a tricky business. And, while the 1099 & W-2 Wizard is based on IRS guidelines, we recommend you consult your tax or legal advisor.
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