1099s & Workers

    1099 vs W-2: Contractor or Employee?

    Short answer

    The IRS uses three categories — behavioral control, financial control, and relationship — to decide if a worker is a contractor or employee. If you tell them when, where, and how to work, provide tools, and pay them regularly, they are probably an employee, no matter what the contract says.

    Misclassification penalties stack: back payroll taxes, interest, penalties, plus the worker can file for unemployment and benefits. Get this right from day one.

    By Jenna Ortiz, EA
    Reviewed by Marcus Reed
    Updated 2026-06-13

    Quick test

    SignMore likely…
    You set their hoursEmployee
    They use your tools and truckEmployee
    You train them on how to do the workEmployee
    They work only for youEmployee
    They invoice you and have other clientsContractor
    They use their own tools and methodsContractor
    You pay per project, not per hourContractor

    When you must issue a 1099-NEC

    1. You paid an unincorporated person/LLC $600 or more for services in the year.
    2. Get a signed W-9 before you cut the first check.
    3. Issue Form 1099-NEC by January 31 of the following year.
    4. File with the IRS the same day.

    Frequently asked questions

    Do I need to 1099 someone I paid via PayPal or Stripe?

    No — those payment processors issue 1099-K. You only 1099 for cash, check, ACH, or Zelle (not third-party processors).

    What if I am not sure?

    File Form SS-8 with the IRS for a determination, or assume employee — it is the safer default.

    Tax-ready records, automatically.

    Glo Invoice tags every expense and 1099 contractor so tax time is a download, not a scramble.

    Sources & further reading

    Primary sources we consulted when writing and reviewing this guide.

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