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Subject:Re: "face time" at the office From:"Gene Kim-Eng" <techwr -at- genek -dot- com> To:<techwr-l -at- lists -dot- techwr-l -dot- com> Date:Wed, 27 Jun 2007 11:52:11 -0700
A 1099 client cannot dictate when, where or how a
contractor performs work, only deadlines and
deliverables. If a client or contractor fail to
maintain this relationship, the IRS and state
employment agencies may reclassify the contractor
from independent contractor to employee. For
the contractor, this means loss of self-employment
tax deductions. For the client, this means requirement
to withold federal and state taxes, social security
(both employer and employee payments) disability,
etc. There are also various federal and state penalties
imposed on employers that violate the contractor
> I am wondering, if you are a consultant on a 1099 basis, and the
> "client" says you must come to the office every day, will the IRS make a
> case for your employment coming under a "contracting" category, instead of
> an independent consultant? That also would mean the "client" would be
> for paying in Social Security for you, and providing a W2 at the end of
> year, not a 1099.
> Does anyone know about this? It seems to me that this used to be true (you
> cannot be required to clock in at a client's site every day if you are
> but I am not sure if it is true in June 2007.
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