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Unfortunately, Gene, that's exactly why so many contract writers are
having to go through an Agency. They then become an employee of the
agency which then dictates when and where they will work-- usually on
site. Most annoying.
Candis Condo
-----Original Message-----
From: techwr-l-bounces+ccondo=c-cor -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+ccondo=c-cor -dot- com -at- lists -dot- techwr-l -dot- com] On Behalf
Of Gene Kim-Eng
Sent: Wednesday, June 27, 2007 11:52 AM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: Re: "face time" at the office
A 1099 client cannot dictate when, where or how a
contractor performs work, only deadlines and
deliverables. If a client or contractor fail to
maintain this relationship, the IRS and state
employment agencies may reclassify the contractor
from independent contractor to employee. For
the contractor, this means loss of self-employment
tax deductions. For the client, this means requirement
to withold federal and state taxes, social security
(both employer and employee payments) disability,
etc. There are also various federal and state penalties
imposed on employers that violate the contractor
rules.
> I am wondering, if you are a consultant on a 1099 basis, and the
> "client" says you must come to the office every day, will the IRS make
a
> case for your employment coming under a "contracting" category,
instead of
> an independent consultant? That also would mean the "client" would be
liable
> for paying in Social Security for you, and providing a W2 at the end
of
the
> year, not a 1099.
>
> Does anyone know about this? It seems to me that this used to be true
(you
> cannot be required to clock in at a client's site every day if you are
1009)
> but I am not sure if it is true in June 2007.
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