Franklin Veaux (tacit) wrote,
Franklin Veaux

  • Mood:

Call to the Lazyweb

Surely there's someone on my flist with knowledge of taxes and corporate employment:

The company I work with, and in which I'm a minority partner, is starting to make noises that they want me in the office religiously from 9 AM to 5 PM. Now, they've made noises like this in the past, which I've largely ignored, but the noises they're making these days are getting louder and more damaging to my calm.

Last year, I was paid on a 1099. I'm not an accountant, but my understanding is that an independent contractor isn't considered an independent contractor if the folks paying him control when he is on premises and/or how he does his job; legally, or so I believe, under those circumstances a person is considered to be an "employee" and is paid on a W-2.

I'm also told that the IRS takes a very dim view of folks who label people "independent contractors" when they are actually "employees," and that there's a certain amount of hot water that awaits such folks. That being the case, it'd seem I have a degree of...leverage in maintaining a certain level of flexibility with regard to when I am and am not in the office, particularly in light of the fact that they still owe me money as it is.

So what's the scoop? I know someone out there must be up on this stuff.
  • Post a new comment


    default userpic

    Your reply will be screened

    Your IP address will be recorded 

    When you submit the form an invisible reCAPTCHA check will be performed.
    You must follow the Privacy Policy and Google Terms of use.