Re: W2 vs. 1099...

Subject: Re: W2 vs. 1099...
From: dmbrown -at- brown-inc -dot- com
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Jul 2002 13:54:02 -0700


>
> ...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.

This is much more than was being discussed. A statement was made earlier that the client couldn't tell a contractor what tool to use or require the client to attend meetings on site. Those are the points with which I've taken issue.

As confirmed by our tax attorney, tools affect the source files, which are part of the deliverable, over which the client has complete discretion. Likewise, scheduled meetings are part of reasonable project coordination, and are perfectly acceptable.

Sure, a company can carry it too far--requiring the contractor to work on-site during specific hours, controlling when and for how long they take breaks, and so on--and then they've got a problem. But that's not what we were talking about.

>
> ...they cannot demand that you [work at their office or use
> their equipment]... and still pay you on 1099.

They can indeed demand that you use the tools they specify and that you attend project meetings on site.

I'm not just making this stuff up.

--David

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References:
Re: W2 vs. 1099...: From: Charles E Vermette
Re: W2 vs. 1099...: From: Susan W. Gallagher

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