A community of 30,000 US Transcriptionist serving Medical Transcription Industry

Tax question. I'm working on my own right now, and my acct - asked how I was defined as IC or employee. SM

Posted: Feb 09, 2014

Something to think about? Would it make any difference for any of us?

I was called an IC by every company I've done transcription for. Apparently one of the main definitions by state or federal Dept of Labor is if you (the IC) make the choice of how the work is done and when the work is completed?

But by that definition, would you not legally be an employee if the MTSO or company or whatever sets a deadline or specific time when that work is to be finished and returned to them?

This IC vs employee definition is such a pain, I sure wish it could be clearly defined once and for all and it be enforced on employers with none of this waffling.

If you got a 1099, you're an IC. sm - Seasoned MT

[ In Reply To ..]
If you got a W2, you are an employee. It's not something you decide when you do your taxes. It's decided when you take the job. If you put down that you are an employee and the company says you're an IC, or vice versa, I guaranteed you and they will both be audited.

I was reading on the IRS website... - Caesar

[ In Reply To ..]
That it is much more dependent on the employer-employee relationship as opposed to what tax form you receive. There is actually a form you can fill out describing your situation and they will determine for you if you are an IC or an employee. For example, and IC is supposed to have the right to finish the work in his/her own method and time, where an employee is allowed to have strict guidelines and schedules set by the employer. There is no "magic number" of standards to meet to be an IC or an employee, but a friend of mine actually proved to the IRS that he should be considered an employee and not an IC, and now his employer has to pay all of his back taxes for failing to withhold them from his check for 3 years.

My concern on that front would be--sm - anon

[ In Reply To ..]
if you get the IRS to accept that you are an employee and not an IC, you are also at great risk of losing your job. It most likely comes down to what kind of employment contract you have.

Well now that you mention it... - Caesar

[ In Reply To ..]
Once he proved he was an employee and not an IC, a fallout happened between him and the company, however it was also proven that if he was terminated it would be wrongfully (and this is in a right to work state, FL) and he would be able to collect UE. For what its worth, my friend did end up switching jobs about 4 months later, but not before finalizing the agreement that all of his taxes would be paid for him.

I just think people should watch out, if you are an IC, you have the right to do the work at your own schedule and with your own methods. If this is not the case, most likely you are an employee, and a lot of companies will do anything to not have to pay taxes on you. It is a sticky situation indeed, especially when one is in need of work and doesn't have the time to bring in the IRS and challenge the company keeping them afloat.

No, the 1099 in and of itself does NOT prove anything. - The employer could be wrong SM

[ In Reply To ..]
in their definition of an IC. It's up to the IRS and DOL to decide what you are, not the employer. Your statement doesn't make sense.

Your "seasoning" is old and stale, and you don't know as much as you think you do.

I didn't say it PROVED anything. I said that - Seasoned MT

[ In Reply To ..]
it is decided at the time of employment, not at tax time. You're an idiot.

Seriously? - huh

[ In Reply To ..]
As Seasoned MT said if you get a 1099 you're a contractor and if you get a W2 you're an employee. You don't choose when you go to file your taxes.

And you do get to CHOOSE to work as either one. If you are running a business (which you are doing if you are a contractor) it's a tad scary that you don't know what classification you are.

Sure is a shame when people spout off on a post and dont - even address the original question. nm

[ In Reply To ..]
nm

talk about off original subject. And, yes, she did address it. - NM

[ In Reply To ..]
xxx

I have been an IC at most of my jobs - sm - XXX

[ In Reply To ..]
I believe you can still be an IC with a deadline. I have not read the IRS guidelines though, so could be totaly wrong on my understanding. As an IC they cannot tell you when to work (e.g. set hours), but I believe they can say, your work from Monday needs to be completed by 8am Tuesday morning, or it needs to be done within 24-hours of when it was dictated. You as an IC do commit to work for them daily and take X amount of minutes a day, or commit to do all of Dr. Smith's incoming dictation each day within 24-hours, or 12 or 6 hours, whatever the agreed upon TAT is. Of course giving them adequate notice when you need a day off, etc. so they are not left in the lurch. All my IC jobs have been either, the work needs to be done within 24-hours, or by 8am or 5pm the next day, as long as it is done they didn't care when I transcribed it. So no idea if they were violating the IRS guidelines or not, but w/o a set deadline it would be hard for the MTSOs to operate.

That is my 0.02....

Similar Messages:

Dec 14, 2011

Has anyone else had to change supervisors and accounts because of low work. I just wanted to know if I was the only one. ...

Nov 04, 2012

Is anyone supposed to start on the new acct that goes live tomorrow? First name of acct begins with an S. Thanks! ...

Dec 14, 2012

Anyone out there in Nuance world just absolutely refuse to work on a new acct? ...

Nov 17, 2009

nm ...

Aug 24, 2010

I am starting a new acct tomorrow. I sure hope I dont have to go through training. We never have been trained on the cesspool that we get, we just get new accts when our regular work is caught up, so why do we need training on a new account? That is ridiculous. MQ, please just let me work and make a living. Stop with all this changing CCMs and assigning new accts. This coming pay check I probably will have 2 days on it if that much. Geez.. ...

Mar 16, 2011

them yet? Have they checked in to say hello? ...

May 23, 2012

lisinopril/HCTZ 20/125. I'm sure she meant 12.5 but she clearly says 125. I don't want to leave a blank as I get penalized. I'm thinking to just do as I know and put 12.5.... ...

Mar 22, 2013

I'm on accts that do not allow any blanks at all through to the cliient. ALL blanks must go to QA. I haven't ever worked on an acct that would not even allow one blank to the client. Anyhow, might not would be so bad but the dictators are TERRIBLE! Many ESLs also. Combine no blanks allowed with terrible dictators = sending more to QA. That means docked pay if 5% or more. Oh, and don't let me forget, no samples yet. So you have to ho ...

Mar 26, 2013

significant for hypOtension and a few diagnoses down from that hypeRtension. I would leave it a blank if it did not cost me money but not sure she meant the hypOtension. She repeats herself alot but she clearly says hypOtension. It's a guessing game! ...

Jul 27, 2013

My last week of notice, and work is so far behind it is incredible. Wondering if everyone else on my team quit. I feel bad for the patient, not for this company. SMH. ...

Feb 27, 2015

Something is seriously wrong. I am very rarely OOW on my main acct, especially on Friday nights. Had no work in there all afternoon, now 2 reports and it looks like there are some people who are getting jobs. Either work is very sparse or too many people are in my account flexing from earlier in the week. ...

May 09, 2015

nm ...

Oct 30, 2009

would you just put pip-tazobactam?? I'm also thinking she made a mistake saying pip which I know is piperacillin. Thanks so much! ...

May 15, 2010

Hi Transcend MTs:) It happened, and I never thought it would for this acct., but we have been without work, and when I signed in this afternoon there was only 1 job that I received in my pool. Called in, and essentially I will be waiting during the night for work. Is anyone else having this problem? ...

Aug 12, 2010

Just got the call from my CCM that i will be moving to new acct saying there is more work there but when i look at backlog summary, not even 1 job for that account. not sure if this is the last step before i get kicked out. ...

Feb 26, 2011

clearly dictates a sentence that makes absolutely no sense. Just sort of an open-ended sentence, not even a fragment? I'm trying so hard to keep the blanks down, which my % is really okay, but I'm finding more and more that these docs are just not making any sense and the mistakes are getting ridiculous!!! Maybe they are texting when they are dictating........Anyhow, do you just type what they say and send it off or do you mark it for QA? ...

Mar 25, 2011

I was just wondering because I have worked for companies that basically encourage communication via email or IM amongst their MTs and then I have worked at companies that discourage communication with other MTs, there's only communication with your immediate supervisor and QA personnel. I was just wondering what everyone's preference is? The companies that discourage communication tend to give reasons such as one MT might become a pest and cause others to not get their work done ...

Apr 19, 2011

I've typed reports that never show up and when I ask about it I get NO answers from anyone. I'm so sick of this company. ...

Jul 28, 2011

I'm sure a lot of you work on multiple accounts. I work on 3 different accounts. Right now I have my account specifics on my desktop, but this is aggravating to me. I think it would be easier to print them and put them in a binder to have easy access to them and put each hospital in its own tabbed section. Some people may think it's easier to have them on their desktop where they can click on them and leave them open in the background, but then I scroll and seems like cannot find w ...

Feb 05, 2014

Hospital is going to M-Modal. M-Modal said they would hire the in-house MTs. But I see on the board there is not a lot of work. Hospital normally has work 24/7. I guess this will change with MM taking over, right? We will have 23 jobs cut out here. So, do I have a chance of making money with MM? I am sorry, I am not being disrespectful, but it is making me almost sick. ...

May 20, 2015

things, in fact, I've been marked off for. Way to go Mmodal! ...

Dec 11, 2012

Why are not able to say what accounts/companies we work for on this forum? Does it really make a difference? ...

Jan 23, 2013

They must have a lot of new people on this account. Maybe if they paid a decent salary that we can live on, there would not be such a turnover with this company. I've read on these boards in the past how people skim over headers and zip through reports because they are making such crap wages and have bills to pay. ...

Apr 27, 2013

Nice to see I got the quarterly bonus this morning when I checked my bank balance. Definitely came at a good time. Really didn't think I would qualify but glad I did. Makes me actually want to work today!! ...

May 29, 2013

I got switched to another acct (not my idea) and it has 24 pages of rules and I don't get paid training pay to learn this new acct. So I went from making 450 lines per hour to 160 lines per hour so in essence, making around $6.00 an hour and the QA's gripe when you don't spend your time looking up something through the 24 pages of new acct rules. Hey MM if you want us to spend hours looking up something before we learn the acct well then PAY US TO DO IT! CHEAP, CHEAP, C ...

Feb 04, 2010

Been on this account for three months and still cannot get my production where I need it to be in order to not work day and night to make minimum line counts, or most weeks not hit them at all. Found out I am not the only one that has complained; I talked with mgt two weeks ago and still had not heard anything. I contacted THEM today; I was told to be patient, they think they have found another place for me but need to fill my position first. The problem is, I have a ...

Mar 31, 2010

mild tenderness of the dorsal midfoot medially. He is maximally tender over the medial choneal form as well as the tenonavicular articulation. talonavicular I think the second word is. ...

Dec 29, 2010

and I know it's temporary. My problem is that the company I work for requires a daily line count and expects us to work around our schedules and do anything we can to get those lines in. Usually not a problem. But this week is a holiday week and my husband and kids are home, and we scheduled things to do alone as well as with other family members and friends, so when my shift is over it has to be over. Christmas Eve/Christmas morning, yesterday, and it looks like tod ...

Feb 09, 2011

Once your primary moved to the new platform, did you still have access to Bayscribe to work on your secondaries when work was low? And were you told there were certain requirements you must meet in order to move with your account to BeyondText? ...

Aug 01, 2011

I want to bid on my local hospital's transcription acct. I have worked there before and want to offer my services. It is only about a 175 bed hospital. What is the best way to do this -- Any suggestions would be appreciated. Thx. ...