I'm starting a landscaping business as a sole proprietor. Can I hire an employee and 1099 him or use a staff leasing company without filing for an EIN number?

ByNina Kaufman

Opinions expressed by Entrepreneur contributors are their own.

By definition, you cannot hire an employee as a 1099. A "1099" is an independent contractor. Lack of clarity about whether you have hired an employee or an independent contractor can get you into serious trouble when it comes to handling employment taxes.

To avoid those problems, using a staff leasing company can be a very attractive option, although you will pay a little more for its administrative services. However, be aware that the staff leasing company may need you to have your own EIN (separate and apart from your SSN), so don’t be surprised if it requests that.
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Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under herAsk The Business Lawyerbrand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes theMaking It Legalblog.

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