are real estate agents 1099 or w2

Best answer


Most real estate agent work as independent contractors and receive their Real Estate Commissions on1099. There may be very small case where a Realtor is employed on a W2 to manage real estate properties or to work in a real estate office doing different type of work that is required to be W2 under state tax law.

People also ask


  • Do I need to 1099 my real estate agents’commissions?

  • Once the tax year closes, you’ll need to determine how much your business paid out in commissions to each agent. This is because reporting commissions on the 1099 isn’t required unless the annual total is at least $600. It doesn’t matter how small each separate payment is — the total is what’s important.

  • What is the difference between a W2 and 1099 contractor?

  • The main difference between W2 employees and 1099 contractors is that 1099 contractors are hired for specific projects or tasks. W2 employees have a full-time job with the company, and benefits often come with that position.

  • Do businesses file a W-2 with the state?

  • Do Businesses File a W-2 With the State? If you operate a real estate business and compensate agents with commissions after they sell or lease a property, you may have to report those payments on a 1099-MISC form. Your obligation to prepare the 1099-MISC depends on whether the agent is an employee or a contractor.

  • Is a real estate agent a statutory non employee?

  • Statutory Nonemployees. Licensed real estate agents are statutory nonemployees and are treated as self-employed for all Federal tax purposes, including income and employment taxes, if: Substantially all payments for their services as real estate agents are directly related to sales or other output, rather than to the number of hours worked.

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