Franklin Veaux (tacit) wrote,
Franklin Veaux
tacit

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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.
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