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I have an independent contractor that wants me to 1099 his spouse instead of him for the payments I make to him. Is this ok or even legal?
I would not recommend issuing a 1099 in the name of someone that did not do the work for a number of reasons, not least of which is that it could be problematic to you in the case of an audit by the IRS or Department of Labor. Likewise, if you give her a gift (she did not do any work after all), why would you still not owe the person that did the work? I see very little upside for you, but a fair amount of risk. There are ways to accomplish this, however, without putting yourself at risk such as paying his company. Nevertheless, everything needs to be done pursuant to the independent contractor agreement.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.