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1099s for Amish contractors


schirallicpa

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We live in a rural area of western nys where there has been a bit of influx of amish in the last few years, and they do some construction work occasionally.  I have 2 clients this year that used Amish to build something for them, and they should be issued 1099s.  Personally, I think it is absolutely wrong that the people are allowed to make money and not pay tax on it for "religious" purposes.  I struggle with that no matter what the religion or what they are doing.  But - I digress - what is my client supposed to do about filing the 1099.  Are they off the hook since the Amish refuse to get IDs?

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8 minutes ago, schirallicpa said:

We live in a rural area of western nys where there has been a bit of influx of amish in the last few years, and they do some construction work occasionally.  I have 2 clients this year that used Amish to build something for them, and they should be issued 1099s.  Personally, I think it is absolutely wrong that the people are allowed to make money and not pay tax on it for "religious" purposes.  I struggle with that no matter what the religion or what they are doing.  But - I digress - what is my client supposed to do about filing the 1099.  Are they off the hook since the Amish refuse to get IDs?

No W-9, no paycheck.  Problem solved.

Second option: No W-9, withhold 28% from their pay for Federal taxes, per regulations.  THAT will get their attention.

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To correct a misconception.  The Amish are subject to Federal and state taxation.  They are exempt from Social Security and Medicare taxes if they filed the proper documentation.  They do have a SSN to be used when they file their taxes.  Your client should contact the builder to have them complete Form W9.  If they refuse, follow the same protocol you use when any other contractor has not supplied Form W9.

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I agree with jfreinert and would simply add that my practice is not that far geographically from yours, schirallicpa.  We have always had Amish in the area and doing work for various clients of mine.  We also do several Amish families tax returns.  We have never had an issue getting their 1099 info (or tax information) other than the line of communication is somewhat restricted.  Obviously your client found a way to contact the Amish to get the work done.  He or she should be able to contact the same to get the 1099 info.  Keep in mind, this is not your problem.  Your client is the one that dropped the ball.  As to the methods of communication to contact the Amish, we have had to call their neighbors, send them letters or even stop by their house.  Today, however, a lot of them have cell phones so it is easier to contact them.  Good luck!

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