Employee vs other worker

LostDollar: You are right that most of them would fall under the IRS definition of an employee. I just can't imagine having to go through all of that for someone that is only going to be at my office for 1 or 2 days for the whole year. I was hoping there was another way to go about it but looks like I'll have to suck it up. I don't know anyone that is willing to go through all of that for a few hours of work, though. I wish there was a separate category for things like this...like "miscellaneous labor". I can see how that would be taken advantage of though.
 
Employee for 100% sure based on what you describe.

If you choose to try to 1099 or pay under the table, you risk some potential serious issues if/when you have one of those individuals becomes disgruntled & turn you in. Likely not worth it. Could owe substantial back taxes & penalties & also be committing insurance fraud(irony) by lying about payroll on your work comp audit forms, your payroll tax forms & your FUTA payroll tax forms

Otherwise, hire temp agencies to handle all that

Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service
 
I was hoping there was another way to go about it

There is.

You call a temp agency that specializes in part time work if you don't want to put them on payroll like you are supposed to.

You don't want the IRS coming down on you for treating employees as independent contractors.

And if that's not enough trouble, suppose the "helper" gets seriously injured while "helping." You end up with a WC claim for which you have not reported payroll. Your WC carrier may give you a worse shellacking than the IRS.
 
The CPA said I have to set them up as an employee, but I'm questioning it because I don't know ANY other agent that does it that way, no other CPA has ever told me that (this is the 3rd one I've used), and because I truly don't think this particular person fits the definition of an employee.

Why are you on your third CPA? Why are you asking your CPA a question, then instead of following their advice, asking random people on the internet? Is this why you are on your 3rd CPA?

I think this is the fundamental issue. Find an a good advisor you trust, pay them well, and follow their advice. A good CPA is expensive. A bad one will cost you much, much more.

Or you can follow the advice of random people on the internet. Do whichever sounds like a better idea to you.
 
asking random people on the internet?

Wow, just wow. After all we have been through together. The battle scars, trials & tribulations. And you have the gall to say we are merely random people in the interwebs.

This brotherhood of mediocre insurance professionals with short ties, outdated fashion & stale closing scripts is the closest thing to a family that I have ever had outside of my wife, 4 kids, 25 siblings/cousins, 200 employees & 800 co-workers.

This stings a little bit that you consider me nothing more than random people
 
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