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IRS FAQ 4.3 Interest/Dividends/Other Types of Income: 1099-MISC, Independent Contractors, and Self-employed

I received a Form 1099-MISC instead of a Form W-2. I'm not self-employed, I do not have a business. How do I report this income?

If payment for services you provided is listed in box 7 of Form 1099-MISC, you are being treated as a self-employed worker, also referred to as an independent contractor. You do not necessarily have to "have a business," but simply perform services as a nonemployee to have your compensation treated this way. The payer has determined that an employer-employee relationship does not exist in your case. That determination is complex, but is essentially made by examining the right to control how, when, and where you perform those services. It is not based on how you are paid, how often you are paid, nor whether you work part-time or full-time. There are three basic areas that are revelevant to determine employment status:

• behavioral control,
• financial control, and
• relationship of the parties

For more information on employer-employee relationships, refer to Chapter 2 of Publication 15 , Circular E, Employer's Tax Guide and Chapter 2 of Publication 15-A (PDF), Employer's Supplemental Tax Guide. If you think that you were, or are, an employee and you would like the IRS to issue a determination, you may submit Form SS-8 (PDF), Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.

Unless you think you were an employee, you report your nonemployee compensation on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship), or Form 1040, Schedule C-EZ (PDF), Net Profit from Business. You also need to complete Form 1040, Schedule SE (PDF), Self-Employment Tax, and pay self-employment tax on your net earnings from self-employment, if you had net earnings from self-employment of $400 or more. This is the manner by which self-employed persons pay into the social security and Medicare trust funds. Employees pay these payroll taxes, as well as income tax withholding, through deductions from their paychecks. Generally, there are no tax withholdings on self-employment income. However, you may be subject to the requirement to make quarterly estimated tax payments. If you did not make estimated tax payments, you may be charged an underpayment of estimated tax penalty.

References:

• Publication 15 , Circular E, Employer's Tax Guide
• Publication 17, Your Federal Income Tax
• Publication 533, Self-Employment Tax
• Publication 505, Tax Withholding and Estimated Tax
• Publication 15-A (PDF) , Employer's Supplemental Tax Guide
• Independent Contractor vs. Employee, Independent contractor vs. employee
• Business Income, Business Income
• Estimated Tax, Estimated tax

I am self-employed. How do I report my income and how do I pay Medicare and social security taxes?

You are a sole proprietor if you are the sole owner of a business that is not a corporation. Report your income and expenses from your sole proprietorship on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship), or on Form 1040, Schedule C-EZ (PDF), Net Profit from Business.

If the total of your net profit from all businesses is $400 or more, you must pay into the Social Security and Medicare systems by filing Form 1040, Schedule SE (PDF), Self-Employment Tax. Self-Employment tax consists of the Old-Age, Survivors, and Disability Insurance (social security) and the Hospital Insurance (Medicare) taxes. For more information on this, refer to Publication 533, Self-Employment Tax.

The Federal tax system is based on a pay-as-you-go plan. Tax is generally withheld from your wages or salary before you get it. However, tax is generally not withheld from self-employment income. Thus, you may be required to make estimated tax payments. Publication 505, Tax Withholding and Estimated Tax, provides information on making estimated tax payments.

References:

• Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship)
• Form 1040, Schedule C-EZ (PDF), Net Profit from Business (Sole Proprietorship)
• Form 1040, Schedule SE (PDF), Self-Employment Tax
• Publication 533, Self-Employment Tax
• Publication 505, Tax Withholding and Estimated Tax

My son is a newspaper carrier. I would like to know if this income is subject to Social Security and Medicare tax and if I must file a Schedule C for him?

Your son may be liable to pay into the Social Security and Medicare system by paying self-employment tax. However, if your son is under the age of 18, he is exempt from self-employment tax. His employer should complete box 3, other income, on Form 1099-MISC (PDF) , Miscellaneous Income. Persons engaged in the trade or business of delivering or distributing newspapers or shopping news (including any services directly related to such delivery or distribution) are considered by statute as nonemployees and are treated as self-employed for all Federal tax purposes, including income and employment taxes. Only if they receive income based on number of sales or distribution volume and work under a written contract that says the carrier will not be treated as an employee for federal employment tax purposes.

Independent contractors report their income on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship) , or you may qualify to use Form 1040, Schedule C-EZ (PDF), Net Profit from Business . See Form 1040, Schedule SE (PDF), Self-Employment Tax , which must be filed if net earnings from self-employment are $400 or more.

References:

• Publication 15 , Circular E, Employer's Tax Guide
• Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship)
• Form 1040, Schedule C-EZ (PDF), Net Profit from Business
• Form 1040, Schedule C Instructions
• Form 1040, Schedule SE (PDF), Self-Employment Tax
• Form 1040, Schedule SE Instructions
• Publication 334, Tax Guide for Small Business
• Tax information for Business
• Form 1099-MISC (PDF) , Miscellaneous Income
• Publication 15-A (PDF) , Employer's Supplemental Tax Guide

I received a Form 1099-MISC with an amount in box 7, (nonemployee compensation). What forms and schedules should be used to report income earned as an independent contractor?

Independent contractors report their income on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship), or you may qualify to use Form 1040, Schedule C-EZ (PDF), Net Profit from Business (Sole Proprietorship). You should also be aware of Form 1040, Schedule SE (PDF), Self-Employment Tax, which must be filed if net earnings from self-employment are $400 or more. This form is used to figure your social security and Medicare tax which is based on your net self-employment income. You may also need to file Form 2210, Underpayment of Estimated Tax by Individuals, Estates & Trusts, if you do not make estimated tax payments.

References:

• Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship)
• Form 1040, Schedule C-EZ (PDF), Net Profit from Business
• Form 1040, Schedule C Instructions
• Form 1040, Schedule SE (PDF), Self-Employment Tax
• Form 1040, Schedule SE Instructions
• Publication 533, Self-employment Tax
• Publication 334, Tax Guide for Small Business
• Tax information for Business
• Form 2210 (PDF) Underpayment of Estimated Tax

What, if any, quarterly forms must I file to report income as an independent contractor?

There are no quarterly income reporting requirements for Federal income tax purposes. However, because you will have no withholding taken from your income, you may need to make quarterly estimated tax payments. You use Form 1040-ES (PDF), Estimated Tax for Individuals.

You need to be aware that there may be state and local requirements for estimated tax payments. You can start looking for information at How to Contact Us. You may want to go to your state's individual Web site for additional information. To access the state you need go to our Alphabetical State Index.

References:

• Form 1040-ES (PDF), Estimated Tax for Individuals
• Publication 505, Tax Withholding and Estimated Tax
• Estimated Tax, Estimated Tax
• Publication 334, Tax Guide for Small Business
• Alphabetical State Index
• Tax Information for Business

Source: IRS.gov