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IC versus Employee - Hunter
Posted: May 14, 2011
This post is not what you probably thought it was going to be. I am not going to list the pros and cons of being an IC or am employee. It appears that MTSOs are "fudging" on these two classifications of workers to get the advantages. For example, as an IC you make your own hours. There is no schedule; that is the nature of being an IC. Yet these MTSOs want you to work a set schedule. Another example: You are hired as an employee. Because you're an employee, you shouldn't have to incur work-related expenses such as LD phone charges or buying a foot pedal. Yet these MTSOs expect you to do it.... without any reimbursement!! If you're contracted as an IC and the MTSO starts treating you like an employee, you can report them to the IRS. That's because they can't have it both ways: Getting you to work fot them as an IC but then changing the nature of that relationship.
IC versus - MT
[ In Reply To ..]I agree with you and believe that almost all ICs here should actually be classified as statutory employees. I have delved into this quagmire of rules because I really would like to hire an IC to help me, BUT I don't want to do this wrong and get in trouble and I'm not trying to screw the IC, just need some friggin help :) I once worked as an IC for another transcription company and we would get a contract with EACH audio file (s) stating all specifics for those files. We said how much work we wanted, but they still said when it was to be returned and provided the format. I think to myself that would be the biggest hassle! It was a PIA on my end so I cannot imagine on that end for them. My problem as a small MTSO is I need some help but I also need it done within the time frame of my clients, not the IC's time frame of between shopping and taking care of everything else, and it has to be done according to the specs given TO ME. So if I understand the statutory status correctly, and anyone please correct me if I am wrong, I have to pay the FICA but not the income tax, but then can also determine the outcome of product and how/when it's done. I think. Interestingly, there is a form for ICs to fill out and send with tax forms that they can use to report misfiling by the company regarding taxes withheld. I wish I had known that when I did "IC" work on a required schedule way back when. I would have done so right away! But I do agree with you on this issue and it needs to be defined more. There is a section for homeworkers on the IRS site now that was not there before and it is also under the statutory section.
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