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Re: W2 vs. 1099...

Subject: Re: W2 vs. 1099...
From: "Susan W. Gallagher" <sgallagher5 -at- cox -dot- net>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Jul 2002 13:15:32 -0700


At 10:48 AM 7/17/02 -0700, dmbrown -at- brown-inc -dot- com wrote:

Maybe I'm missing a joke about "the difference between the ideal and the real workd," but I don't understand most of these contentions.

Lots of legitimate contract positions require use of specific tools...
Imagine that same team holding meetings to discuss assignments...
they're going to want you there to participate.
... you'll be working with SMEs who have schedules...


Yabbut, the point is not whether you *should* perform
the work in a given tool or attend meetings or perform
the work at the client's site. The point is that if the
company chooses to pay you on 1099, the IRS says they
have no right to demand that you perform the work at
their office or use their equipment or software or be
available for meetings and phone calls during core hours.
If they do impose such conditions, then you are an employee,
not a contractor, and they must pay you W-2 and pay
employment taxes.

There is nothing in the law that states that you cannot,
if it is to your advantage, work at their office or use
their equipment... Just that they cannot demand that you
do so and still pay you on 1099.

See?
-Sue Gallagher



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Follow-Ups:

References:
Re: W2 vs. 1099...: From: Charles E Vermette
Re: W2 vs. 1099...: From: dmbrown

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