Legal Question in Business Law in Georgia

My husband accepted a job out of state last June (2009). As part of his agreement to work for the company he was offered to stay at the company condominium for up to 6 months. At the 6 month period he moved out and found his own place to live. The condominium is used by several people for business purposes, and being a 3 bedroom there were at times three business people staying at the condo at one time. Now, three employees (my husband included) of the company were given a 1099 form - for an amount regarding usage of the condo. My husband did not accept the 1099 from the human resource manager because he (as well as others using the condo) were never advised that usage of the condo would be considered 'wages' and there is no mention in his (or other employees') contracts that mentioned that he/they would be responsible for the cost of usage, etc. What is my husband's legal responsibility regarding this matter?

Asked on 3/01/10, 1:34 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There's no such thing as "not accepting" a 1099. He needs the 1099 to do his taxes. The value of the usage is taxable. Ask your CPA. But tell him he needs that 1099. It has been filed with the IRS.

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Answered on 3/06/10, 2:22 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

That is not a business law question - it is a tax question. Ask your CPA or tax preparer. "Not accepting" the 1099 means nothing. The IRS will get a copy, so your husband might be asking for it later. You can do some internet research and find that company-provided housing is generally regarded as taxable.

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Answered on 3/06/10, 2:24 pm
Charles W. Field Charles W. Field, Attorney at Law

You need to consult with a CPA.

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Answered on 3/06/10, 3:44 pm

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