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Employment Law/1099-MISC error


I own and operate an LLC. I did some work for a company that I am also a patient at. I did reference my w-9 form and did not include my name or ss# on it however when I received my 1099-MISC form it was issued in my name and social instead of the LLC name and TAX ID. All of the checks had the company name on them and were deposited into a corporate account. Do I need to get a corrected 1099 form or can I just file it with my schedule C and attach it to my return. We are run as an disregarded entity LLC.

You are not required to send the 1099 in with your return it is only for your information to put the amount on your tax return. I would use the 1099 and file the copy with your personal tax files.

You only need to send in the copy of the 1099 if income taxes were withheld and reported. If not you must include the income from the 1099 on your tax return but you are not required to remit the actual 1099 form.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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