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I believe a determination by the IRS has to be made - Anon

Posted: Apr 22nd, 2016 - 10:23 am In Reply to: which state laws apply - IC's or Company? - confused MT

first as to status of employee or IC. If company is ruled as having treated ICs as employees, the IRS levies its own penalties against the company. If unemployment compensation is found to be involved, it makes sense that the MT would file with their own state local unemployment compensation board as they do now. Probably best if companies know the facts, federal and state, before they hire ICs and don't lose the shirts off their backs by treating ICs as employees. I suppose if the company wants to take it to court and for what reason that would be if the IRS rules against them, they can litigate to keep from paying unemployment compensation and other stiff fines. The MT is not going to be fined by asking the IRS to issue a determination however the ruling comes out. The battle will be between the company and the government, federal and/or state.

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