EmploymentQuestion 1092 of 1632

At year-end, an employer reports an employee's wages on which form, as opposed to the form used for an independent contractor?

a.Form DE 34 for both employees and subs
b.Form W-2 for both employees and subs
c.W-2 for employees, 1099-NEC for subs
d.Form I-9 for both employees and subs

Explanation

Wages, withholding and payroll taxes for an employee go on Form W-2; payments for services to a non-employee go on Form 1099-NEC, and for tax year 2026 the reporting threshold is $2,000 paid to the payee - the old $600 figure is out of date. (b) is the error in the safe direction and is rarely the one a contractor makes. The dangerous version is the reverse: issuing a 1099-NEC to someone who is an employee under Labor Code §2775, which is documentary evidence of the misclassification rather than a defense to it. (a) is the state new-hire report, filed at hire rather than at year-end. (d) is the work-authorization form, which is retained by the employer and filed with no one.

Law Reference: 26 U.S.C. §6051 (Form W-2); §6041A and 2026 instructions (Form 1099-NEC)

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