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June 5, 2020
Question

QBI for non-1099 work?

  • June 5, 2020
  • 1 reply
  • 0 views

I am working as an engineer in a side gig.  I recently started doing work for a previous company (two jobs ago and 6+ years ago), and I am being paid through a contract agency.  I didn't realize that I was being paid as an employee of the contract agency vs. as a 1099 until after accepting the work and invoicing a few times.  I am working from home, not in the business location.  I am also supplying all the equipment needed for the job (computer, software, technical books, internet, etc.).  And, I do not receive any benefits from the contract agency.   They are withholding small amounts of taxes, SocSec, SDI and Medicare.  Can I still claim this income as QBI even without a 1099 and likely a W2?

1 reply

June 5, 2020

if they're withholding payroll taxes you should get a w-2 as an employee. Employee is not a business for purposes of the QBI. 

Critter
Employee
June 5, 2020

And an employee cannot deduct any business expenses.  When you started working for this agency they must have had you fill in a W-4 form and the "paycheck" would have shown the FICA withholding so being treated as an employee should not have been a surprise.