Re: W2 vs. 1099...

Subject: Re: W2 vs. 1099...
From: Peter <pnewman1 -at- optonline -dot- net>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Jul 2002 19:14:23 -0400


"Susan W. Gallagher" wrote:
>

> Yabbut, the point is not whether you *should* perform
> the work in a given tool or attend meetings or perform
> the work at the client's site. The point is that if the
> company chooses to pay you on 1099, the IRS says they
> have no right to demand that you perform the work at
> their office or use their equipment or software or be
> available for meetings and phone calls during core hours.
> If they do impose such conditions, then you are an employee,
> not a contractor, and they must pay you W-2 and pay
> employment taxes.
>

Not true. There is a test and the items you mention are only part of the
test. The reality is whether you have a significant risk of making or
not making money. See the link I posted to John Posada on this subject.


--
Peter

"When a man sits with a pretty girl for an hour, it seems like a
minute. But let him sit on a hot stove for a minute-and it's
longer than any hour. That's relativity,"
- Einstein-

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References:
Re: W2 vs. 1099...: From: Charles E Vermette
Re: W2 vs. 1099...: From: Susan W. Gallagher

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