Misclassifying an employee (W2) as an independent contractor (1099) will lead to significant payroll tax penalties. If the person you have contracted to perform services does not have a business, they may need to be treated as an employee. The IRS has a 20 point checklist to help you decide the correct classification. You may also submit form SS-8 to the IRS and allow them to determine the status based on your answers. Please call your WOB Advisor for additional guidance.