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IRS DEFINITION-IC STATUS BLACK & WHITE - read it & weep...


Posted: Jul 10, 2012

Independent Contractor Defined

 

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case.

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.

If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.

You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax.

However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.

For more information on determining whether you are an independent contractor or an employee, refer to the section on Independent Contractors or Employees

Except it's not now nor has it ever been - black and white

[ In Reply To ..]
cases can be cited all over the map on outcomes of cases brought to the courtroom.

I can tell you, if you refuse to pay self-employment tax because you worked 9-5 M-F as requested by your client, you'd lose.

Posting this had nothing to do with refusing to pay self employment tax - nm

[ In Reply To ..]
but was posted to define the IRS IC definition and how the MTSOs are abusing this classification ripping off the IRS.

you don't understand the law - Snow Bunny

[ In Reply To ..]
It's who has the element of control that decides IC or employee status.

If the ad says "these days and these shifts," but you will be IC status ... then you need to exercise the element of control by telling them the days/hours you will be available. If none of the days/hours in the ad are acceptable, then you don't send them your resume.

Now, as far as the earnings goes ... if you are an employee and making less than minimum wage, then you can report the MTSO to the Labor Department. HOWEVER, if you are an IC you can't do that, because an IC can have either a profit or loss and earning less than minimum wage is considered a loss. It's no different than what happened in 2008 to some of the major investment companies like Lehman Brothers.

People may not like my opinion on some issues, but this is one area that I'm confident I know what I'm talking about ... having spoken to accountants, the IRS, and the Labor Department on different occasions.

Let IRS Determine - Tryme

[ In Reply To ..]
Yes, you do have to pay your taxes in the meantime, but have IRS determine your status. I did that previously with my last company, and I was determined an employee just as I thought.

definition - IC or not - KT

[ In Reply To ..]
This needs to be posted on the job posting so all employers so they can be aware of this.....they are hiring employees, not Independent Contractors in this business.


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