Quote:
Originally Posted by t walgamuth
the irs has a list of about a dozen things that makes an actual contractor sub contractor relationship. one of the things is who says when the work is to be done. if he has a starting time set by you he may well be considered an employee of you. if the irs considers him thusly you may be on the line for withholding taxes etc. plus fines etc.
i suggest you talk to an accountant immediately. you don't want to get crosswise with the irs.
i know a fellow who lost his farm over an incorrect, bogus subcontractor relationship.
when i was first in the business i used contract workers too. but i soon decided that it was too risky and stopped doing it.
the irs has godlike powers.
and unlike the real God, they never said anything about forgiving you.
and tax obligations are not dischargable by bankruptcy. ditto with child support.
tread carefully.
good luck.
tom w
|
I do have documentation of his tardiness in the form of emails that I have sent him.
My position is this:
Slacker repeatedly does not come in at the arranged time for work nor does he perform his tasks in an efficient and timely manner.
He has been a sub contractor for years, I doubt the IRS will have any problems with my reporting at this point but I'll check.