What Are Independent 1099 Sales Reps?
If you get paid mainly on a commission basis, you probably are an independent sales representative. At the end of the year, instead of getting a W-2 like most workers, your income will be reported on a 1099-MISC. Unlike regular employees, independent sales representatives must pay their own Medicare and Social Security taxes and are not subject to income tax withholding.
Independent Contractor vs. Employee
A salesperson is considered an independent contractor if the person paying them "has the right to control or direct only the result of the work and not the means and methods of accomplishing the result," according to the IRS. Independent sales representatives usually set their own schedule, are allowed to work for more than one company and generally pay their own expenses. They also work mainly on commission and are not guaranteed a minimum income.
Statutory Nonemployees
Direct sellers and licensed real estate agents are automatically considered to be independent contractors. These salespeople are considered "statutory nonemployees" by the IRS. Direct sellers work for companies such as Mary Kay and Avon and use face-to-face contact at a home or business instead of using a fixed retail location. Licensed real estate agents are in this category because their income is contingent on the sale of a home or other property.
Tax Responsibilities
If you are an independent sales representative you must report your income to the IRS, even if you do not receive a 1099-MISC. Report the income on Schedule C or C-EZ, and deduct any business expenses such as travel, supplies and the use of your home as an office. You also must pay your own Social Security and Medicare taxes, which will equal about 15 percent of your net self-employment income. Use Schedule SE to calculate the amount. If most of your income is from work as an independent contractor, you should consider paying quarterly estimated tax payments to avoid a large tax debt and possible underpayment penalties at the end of the year.
Appealing Status
If you received a 1099-MISC, and you believe you should have been treated as a regular employee, first attempt to resolve the issue with the company or person who paid you. If that fails, you can file a Form SS-8 with the IRS asking for a ruling. It generally takes six months to get an answer, and the IRS will contact the other party for information. Companies or individuals who regularly hire independent contractors to perform similar work can file the Form SS-8 asking for a determination of employee status.
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