Tina Norris Fields
tinanfields at torchlake.com
Wed Apr 30 06:43:50 CDT 2008
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. > >