I have for the past 7 years been employed as a consultant by a non-profit association managing an annual event. Over time I have assisted in marketing the association as a whole and now they would like to hire me as the Director of Marketing or Business Development. I have been from the start a 1099 employee and stick to the 1099 rules, I want it that way as I need to be flexible in my schedule and travel availability. Is this possible as a 1099?
2 Answers
"1099 employee" is an oxymoron.
You can't be a 1099 worker and an employee. By definition 1099 indicates an independent contractor or freelancer.
So, no. Employees are traditionally never 1099 workers. But you should get benefits and other items as an actual employee that are not required for 1099 workers. In fact, many business try and get away with classifying employees as 1099 workers so they can shirk the responsibility of actual employee benefits.
Read more: The difference between a 1099 worker and employee
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You can have whatever title they want to give you as a 1099 contractor. The fact that you're a 1099 has more to do with your relationship with the company, how responsible they are for you, what taxes they pay etc than what title you hold or the specific things you do for them (generally speaking; there's no role that cannot be 1099'ed). That said, Scott is correct, either you're a 1099 or you're an employee. You cannot be both.
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