Anon - Nick Posted: Mar 24th, 2016 - 7:01 pm In Reply to: Nick, for the IC MT, would you agree that - anon
Well, I must admit I am no IRS expert and issues involving the IRS are notoriously complex. That said, I (admittedly NOT a tax expert--I hated tax law) would say that the most important thing would be the schedule issue. I would bet you a beer that the IRS would look askance at that. I think the best thing to do would be for the person to take their contract to an IRS office and get a definitive opinion from someone in the IRS. Too many of these people want to have their cakes and eat them, too. (And there is a big movement afoot in the IRS to crack down on people who misclassify workers--I read a whole article about it in a legal journal. It's a hot topic with the employment law sector right now.) I mean, I sometimes freelance drafting briefs, shephardizing cases, etc. for various attorneys that advertise for help at our law school and they will tell me something like this: "I need a points of authority brief on The People Versus Batman, and I need it by April 15." No problem there. The partner I do the work for has a deadline to meet with the court, so he has to tell me when he needs it. The problem would be if he were to say, "I need this by April 15, and you are to work on it on Mondays and Wednesdays after 5 p.m." Well, if I am an IC, I can work on it whenever my schedule allows, as long as I have it prepped for him and ready to go by his deadline of April 15 which we both agreed upon. Some time ago I had my apartment kitchen remodeled and I did not tell the contractor (who was a woman, BTW!) when, where and how to do her job. I just said, "This is the color of paint I would like, and the other things we discussed that are in the contract. Do it whatever way you want to--you're the pro." And incidentally, because the kitchen was a fairly small job, she came at intervals in between her other large jobs, at HER (not my) convenience. I was fine with that. As long as the kitchen got done, I was not about to tell the contractor how and when to do her job. That was what I was paying her for.
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