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IC status in Oregon - asdf

Posted: Sep 10, 2012

Do I need business liability insurance to count as an IC?

Do I have to register a DBA or can I just file taxes as a sole proprietorship without DBA and still count as an IC?

Do I have to advertise my IC services and/or work for a second client to prove to the state that I'm an IC, or can I just work for you only?

Do I have the authority to hire/fire people to help me (and following with HIPAA rules what must I do there)?

Am I required to correct defective work?

Is it a fixed price contract?

In Oregon to be an IC...

Do I need business liability insurance to count as an IC?

Do I have to register a DBA or get an EIN... or can I just file taxes as a sole proprietorship without DBA and still count as an IC?

If i just work for one employer then will that jeopardize my IC status?

Do I have to advertise my IC services and/or work for a second client to prove to the state that I'm an IC, or can I just work for you only?

Do I have the authority to hire/fire people to help me (and following with HIPAA rules what must I do there)?

Am I required to correct defective work? Does sending to QA count as THEM correcting my work?

Is it a fixed price contract to say .08/line?

... I know there are people in Oregon who are working as ICs. But my impression is if the ICs don't do this stuff right, then they count as employees, which means then their employer gets screwed, not them, even though it's their fault for not doing their due diligence and figuring all this stuff out. That doesn't really seem fair?

IC status in Oregon - anon

[ In Reply To ..]
Go to the IRS.GOV website (type in Independent contractor in search box)and READ what the 20 requirements are to be considered an I.C. It is way more than just having a Business bank account, how many people you work for, etc. Remember, it is the employer's job to know how to classify you and most of them call us I.Cs when we are TRULY employees. The last place I refused to work for wanted to call me an IC but were treating me like an employee. Also remember that this ONLY benefits THEM..not you. You are going to pay your taxes regardless..however they are GETTING AROUND not paying you vacation time, Down time (no work, etc) Paying YOUR SSI, Disability, workers' comp, etc by calling you an IC. Yes, you must do diligence and research what state and FEDERAL authorities require for you to TRULY be considered an IC. Many companies are getting in trouble, hence so many of them now looking for "employees". I hope this helped you..

I did read IRS.GOV and... - asdf

[ In Reply To ..]
...I don't see where the MT is not an IC. Obviously many MTs work as ICs throughout the USA. I've read many posts here from people who like the flexibility of being an IC. Then I have also read a lot of sour grapes from people who evidently don't like the extra responsibility and hassle that comes along with being an independent business owner/self-employed worker.

And while I don't really blame people who want to avoid the hassle that comes with being self-employed, I can't understand why an MT should not be able to be considered an IC (and yes, I did read the website you mentioned).

I was reading the federal worksheet and correct me if I'm wrong but, there is almost no control from the contractee placed upon the independent contractor as far as the manner in which the transcription service is rendered. I.e., they don't care if you type it in, or use a steno machine, or use Dragon Dictate, yourself. As long as you are able to provide a transcribed document to them from the audio file that you were given, they don't care how you accomplish this goal. Am I wrong?

We are paid a flat rate per line. If we don't like the rate we can find another contractee and see if we can negotiate a better rate, without even having to terminate the first contract.

If the contract is set up right, you would be determining your own hours as long as you meet your deadlines. Am I wrong?

You work out of home on your own equipment. You invest in a good foot pedal, headset, computer, chair, desk, home office space, orthopedics to prevent repetitive strain injuries, maybe even a very expensive steno machine and keyed software, all of which you make a continued investment in because you could liquidate those items if you chose to exit this career. That's making an investment in your career, agreed?

I am pretty sure you legally can have sub-contractors working below you as long as they sign all the HIPAA forms too. I mean, otherwise the MTSO wouldn't be able to have sub-contractors (which is what you are, essentially). I really doubt there are any true legal barriers to you having your own employees. It's just a question of if you would want to bother with it. Am I wrong about that? (I kind of don't think I am.)

Everyone has to cover their "rear end." But that is not the same, to me, as "approval" being required before you hire a helper or sub-contractor yourself. They are not saying, "you can't hire this person," they are just saying, "we need these forms signed by anyone you hire to avoid severe legal risks." After all, it's the doctor's office who ultimately is the one requiring that HIPAA form, not the MTSO; and no one is trying to say that an MTSO is the employee of a doctor's offices simply because the doctor's office requires that all the sub-contractors of the MTSO signs that HIPAA form!

Some people try to say that they're not really ICs because the "software platform" is provided by the MTSO. However this is simply not true; the MTSO doesn't own the software platform either in many cases. The MTSO is simply "renting" the use of some other company's platform that is a completely separate legal entity. They no more own or provide the platform than the IC does. And get used to it, because we are now in a world of cloud computing: it will be "almost never" when someone you contract owns anything in terms of software or servers.

For those who prefer IC work, due to the flexible hours or whatever: if you're looking for a contract, and the contract sets up a scenario that is too "employee-like," or a pay rate that is too low, then don't sign it. You are free to negotiate by demanding a revised contract or by providing the MTSO with your own contract. Refuse to sign until the contract's terms are exactly what you want. What's the problem there?

I mean, am I missing something here? Why would the state be "shutting down" job-producing employers in a bad economy simply for having independent contractors? I'm honestly curious. Is it because their contracts were structured wrongly? If so then why did the people sign them?

YIKES - no subbing

[ In Reply To ..]
I have worked IC in Oregon for 16 years. I have never had problems with any of your questions and have never registered. On income taxes my business name is my name.

And you may NEVER sub out the work you obtain as an IC to someone else to do for you. You would be setting up the MTSO you get work from AND yourself for a HUGE lawsuit.

ALL STATES--not just Oregon - anon

[ In Reply To ..]
These are federal laws, not state laws. But states can prosecute and levy fines to the employers illegally classifying employees as ICs. I just heard of an MTSO in Oregon that got shut down for illegal classification. This is not an issue that's going away!

Who was it? - anom

[ In Reply To ..]
Who was it that got shut down? And are you sure you know what really happened?

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