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January 20, 2024
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Can I issue someone a 1099-NEC if I am not self employed and I do not own a business?

  • January 20, 2024
  • 2 replies
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Can I issue someone a 1099-NEC if I am not self-employed and I do not own a business? My husband and I both file W-2's and and he files a 1099-Misc for some odd and end side job money he WAS making. In the middle of the year, he had a medical emergency and had to pay someone to complete some side jobs he could not. Can I issue this person a 1099-NEC? He was paid between $6000 and $7000. 

Best answer by dmertz

It appears that your husband is self-employed, required to file Schedule C, the money paid to the sub-contractor is a business expense and your husband would generally issue a Form 1099-NEC to the sub-contractor.

2 replies

January 20, 2024

if you are not operating a business there is no requirement to issue a 1099-NEC, 

January 20, 2024

No, we are not operating a business, but we have miscellaneous income, and between $6000 and $7000 of that income was paid to my husband (due to original agreements before the medical emergency) and we paid it to another contractor. 

dmertzAnswer
Employee
January 20, 2024

It appears that your husband is self-employed, required to file Schedule C, the money paid to the sub-contractor is a business expense and your husband would generally issue a Form 1099-NEC to the sub-contractor.