Company in Maryland but employee in Georgia

Nov 27, 2011 24 Replies

With person accepting 1099 tax terms, I can avoid W2 filing for him and not registering business in Georgia? I see no prob with that, after all many guys like real estate agents and many more work as

1099. So why will I hire a payroll company just to cut paychecks when employee agrees to take care of all that for himself?

We seem to have reached the point that you refuse to accept the answer you've been given over and over and will keep asking the same question in hope of a different answer. Ain't gonna happen. It's your business and your consequences. Do what you want, just don't look here for validation of it.

Phil Marti VITA/TCE Volunteer Clarksburg, MD

I am guessing that the point you are missing is: even though you consider him to be 1099, IRS might say he is your employee. Once he is considered an employee, you are in business in GA. Once you are in business in GA,...

IANAL, so someone please chime in.

-Antony

I came here to get some advise and one of the things I was searching was simplest solution - switching him to 1099 from W2 contract, that got missed in discussion.

Of course, I will do what needs to be, it is my own business. Thanks all for your inputs.

That didn't get missed in the discussion. In one of the earliest responses on 11/27/2011, Stuart said, "If by law (depending on a number of factors but in general how much supervision he is under) he is an employee rather than a contractor, you cannot legitimately pay him on a 1099. If you are caught it could get very expensive."

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