What is a 1099 contractor?
A 1099 contractor, also known as an independent contractor, is a self-employed individual hired to perform work or services for a business, typically under a contract or project-based agreement. Unlike W-2 employees, 1099 contractors are not on your payroll—they are responsible for paying their own taxes, managing their own benefits, and controlling how they complete their work.
The term "1099 contractor" comes from IRS Form 1099-NEC, which businesses must file to report payments made to non-employees. As a small business owner, it’s essential to understand how to classify and manage 1099 contractors properly. With tools like Homebase, you can stay on top of worker classification, recordkeeping, and compliance—even as your team includes a mix of full-time employees and contractors.
Key characteristics of a 1099 contractor
1099 contractors are distinct from employees in several important ways:
- Work independently – They set their own hours and choose how to complete tasks.
- Use their own tools – Contractors generally provide their own equipment or materials.
- Project-based – They are typically hired for a specific task or time-limited project.
- No payroll taxes withheld – You do not withhold income, Social Security, or Medicare taxes.
- No benefits required – Contractors do not receive employer-sponsored benefits like health insurance, paid time off, or unemployment insurance.
Because of these differences, contractors are considered self-employed and must manage their own tax obligations.
Examples of 1099 contractors
Common types of independent contractors include:
- Freelance graphic designers or writers
- Consultants or business coaches
- Contracted IT professionals
- Marketing or social media freelancers
- On-demand service providers (photographers, event staff, etc.)
- Construction subcontractors
- Delivery drivers (in certain cases)
Many small businesses use a combination of employees and 1099 contractors, especially for seasonal, specialized, or flexible roles.
When to hire a 1099 contractor
Hiring a contractor can be a smart move if:
- You need specialized skills on a short-term basis
- You have a one-off project that doesn’t justify a full-time role
- You want to scale labor flexibly without increasing headcount
- You’re testing new services or functions without long-term commitment
- You’re working with someone who operates their own business
However, just because someone agrees to work as a contractor doesn’t mean you can classify them that way legally. Misclassification comes with risks—more on that below.
IRS rules for distinguishing contractors vs. employees
Correct worker classification is governed by the IRS and, in some states, stricter local rules. The IRS uses three broad categories to determine status:
- Behavioral control – Do you control how, when, or where the work is done?
- Financial control – Do you provide tools, pay regular wages, or reimburse expenses?
- Relationship – Does the relationship resemble ongoing employment (e.g., benefits, long-term work)?
If the answer to these questions points to employer control, the worker should likely be classified as a W-2 employee—even if both parties prefer a contractor setup.
Some states, like California, apply the ABC test, which makes it harder to classify someone as a 1099 contractor. Always check state-specific rules before hiring.
Risks of misclassifying 1099 contractors
Misclassification can lead to serious consequences for employers, including:
- Back taxes, unpaid payroll taxes, and penalties
- Liability for unpaid overtime or minimum wage violations
- Fines from the IRS or Department of Labor
- Legal action from the contractor seeking reclassification
To avoid these issues, carefully assess whether each role meets the legal definition of a contractor. When in doubt, it’s safer to treat the person as an employee or consult a labor attorney.
Tax responsibilities for 1099 contractors
As a business owner, your primary tax responsibility is to report contractor payments to the IRS. You must:
- Collect a completed Form W-9 from each contractor
- File Form 1099-NEC by January 31 each year for anyone you paid $600 or more
- Keep records of payments made to each contractor
You do not withhold or pay taxes on their behalf. Contractors handle their own self-employment taxes, estimated payments, and deductions.
How Homebase helps manage contractors and compliance
Homebase simplifies team management, even when your workforce includes a mix of W-2 employees and 1099 contractors. You can:
- Collect and store digital W-9 forms
- Track hours worked (if relevant) for project-based contractors
- Export detailed payment records for Form 1099 filing
- Manage onboarding, documentation, and compliance in one place
- Separate contractor pay from employee payroll processes
Homebase helps you stay organized, minimize risk, and ensure that you're classifying and compensating team members correctly—so you can focus on growing your business. Explore Homebase HR & Compliance to simplify contractor onboarding, classification, and IRS reporting with confidence.