[AccessD] Sorry for joking around

...if you start an IRS rant thread there won't be enough bandwidth left over 
for the regular posts :(

William

--------------------------------------------------
From: "Tina Norris Fields" <tinanfields at torchlake.com>
Sent: Wednesday, April 30, 2008 7:43 AM
To: "Access Developers discussion and problem solving" 
<accessd at databaseadvisors.com>
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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