[AccessD] Sorry for joking around

Charlotte Foust cfoust at infostatsystems.com
Wed Apr 30 10:23:24 CDT 2008


Why preach to the choir? LOL

Charlotte Foust 

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Tina Norris
Fields
Sent: Wednesday, April 30, 2008 4:44 AM
To: Access Developers discussion and problem solving
Subject: Re: [AccessD] Sorry for joking around

In fact, my biggest customer is the local community college, and we fill
out a sheet of questions - I think it's down to about 12, now - which
need to be answered "no" in order to prove I am not a direct employee.  
All of our contract instructors have to do that every year.  It keeps us
and the college out of trouble with the IRS.  Is this where I get to
rant about the IRS, a quasi governmental agency, having the power to be
accuser, judge, and jury, and to convict without proof?  Or, should I
wait and do that somewhere else at another time?
Tina

Dan Waters wrote:
> What I meant is that if you, claiming yourself to be an independent 
> contractor, can be re-classified by the IRS as a direct (W2) employee 
> if you meet certain criteria.
>
> Obviously if you get all your money from one 'customer', work at their

> site, use their equipment, and always take specific instruction from a

> manager, then you are in effect a direct employee.  When I started 
> working for myself, the IRS had a 20 question rule.  The more 
> questions you answered yes to the more likely that you were actually a

> direct employee.  I don't think they use the 20 question rule anymore,
but the concept still applies.
>
> If they consider you to be, in effect, a direct employee then the IRS 
> can unilaterally change both the taxes you owe and the taxes your 
> customer owes, which would probably be more.
>
> This really is something to keep in mind if a customer wants you to 
> work at their site for a long time.
>
> Here is the IRS page on this: 
> http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
>
>
> Dan
>
> -----Original Message-----
> From: accessd-bounces at databaseadvisors.com
> [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Susan 
> Harkins
> Sent: Tuesday, April 29, 2008 5:56 PM
> To: Access Developers discussion and problem solving
> Subject: Re: [AccessD] Sorry for joking around
>
> - and if you're
>   
>> doing that then the IRS will consider you to be an actual employee.
>>     
>
> ====What do you mean by that? The amount billed or the hours worked is

> irrelevant to the IRS.
>
> Susan H. 
>
>   
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