I get paid as a freelancer all the time even though all I do is work inside
the facilities and use their equipment. Does that mean that my employers
have been breaking laws this whole time?
On Monday, August 19, 2013, Scott wrote:
> **
>
>
> A few years ago, Virginia state officials cracked down pretty hard on
> facilities hiring freelancers over and over again, saying that these folks
> (myself included) were actually employees and the facility was trying to
> avoid paying the required taxes by calling us freelancers . What I did (and
> many others), was create an s-corp from my former sole proprietorship that
> billed the facilities and paid me a salary that took out all the taxes
> required. This satisfied the state and federal folks.
>
> --- In Avid-L2@yahoogroups.com <javascript:_e({}, 'cvml',
> 'Avid-L2%40yahoogroups.com');>, Jim Feeley <jfeeley@...> wrote:
> >
> > Greg's RoT appears to parallel my understanding of the guiding
> principle: If an employer can tell you what to do, when to do it, and how
> to do it, then the IRS could consider you an employee.
> >
> >
> > A lawyer's understanding (from Nolo.com):
> >
> > =====
> > Retain Control of Your Work
> > The most fundamental difference between employees and independent
> contractors is that employers have the right to tell their employees
> exactly what to do and how to do it. Don't permit a hiring firm to
> supervise or control you as if you were one of its employees. It's
> perfectly okay for the hiring firm to give you detailed guidelines or
> specifications for the results it expects from you. But how you go about
> achieving those results should be entirely up to you.
> >
> > Following these guidelines will help you show that you are the one in
> charge:
> > • Don't ask for or receive training from the hiring firm.
> > • Don't let the hiring firm dictate your working hours, although the
> firm may give you a deadline for completing your work.
> > • Decide where you will do the work, unless the work has to be performed
> on the hiring firm's premises.
> > • Decide whether to hire assistants to help you; if you hire workers,
> pay and supervise them yourself.
> > • Don't ask for instructions from the hiring firm about how to do your
> job.
> > =====
> >
> > That excerpt is from this article:
> >
> > Preserving Your Status as an Independent Contractor
> > Follow these strategies to avoid being reclassified as an employee.
> >
> http://www.nolo.com/legal-encyclopedia/preserving-status-independent-contractor-30177.html
> >
> > More info from Nolo on self-employed consultants and contractors. Good
> free articles, good low-cost books and other such stuff. Written and/or
> edited by lawyers for non-lawyers:
> > http://www.nolo.com/legal-encyclopedia/consultants-contractors
> >
> >
> > Jim
> >
> >
> > On Aug 18, 2013, at 7:39 PM, Greg Huson wrote:
> >
> > > It does in California, unless they have a loan out corporation. Our
> rule of thumb is that if they use our gear in our facility and are
> supervised, they're in payroll- even if they're temporary. If we send them
> work to do at home in their free time, then they're contractors.
> > >
> > > ________________________
> > > Greg Huson
> > > Secret Headquarters, Inc
> > > Greg (at) SecretHQ.com
> > > www.SecretHQ.com
> > > DigitalServicsStation.com
> > >
> > > On Aug 18, 2013, at 7:32 PM, Donnie Rogers <donnie@...> wrote:
> > >
> > > > This question is directed to the facility owners (or freelancers)
> > > > We've never needed to worry about this before, so it wasn't an
> issue, but where is the dividing line between a freelancer or direct
> employee? If they are using our suite, and we have booked them for a
> specific time, does this make them an employee (for taxes and such)?
> > > >
> > > > Thanks in advance,
> > > >
> > > > Donnie Rogers
> >
>
>
>
[Non-text portions of this message have been removed]
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