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So if you actually want to be a contractor because you prefer the freedom of owning your own business and the IRS tries to come in and classify you as an employ
by bd_at_rivenhill 17y ago
So if you actually want to be a contractor because you prefer the freedom of owning your own business and the IRS tries to come in and classify you as an employee, then you get to tell them "no I really am a contractor" and they have to stick with that?
- grellas 17y agoThis whole area is, in a sense, like a rigged game because the tax laws are so heavily weighted in favor of wanting to classify people as employees. Therefore, if you try to claim you are a contractor, this will be given only the slightest weight, if any at all - in other words, in your words, they don't have to stick with what you say, and indeed normally won't (they will just apply their multi-part test and come to whatever determination they feel is justified). On the other hand, if you claim you are an employee, they will give that a lot of weight and will ask you considerable detail about all the factual points that tend to confirm that you are an employee (in order to nail your employer with the taxes/penalties that result from the reclassification). Everything is basically stacked against the person claiming to be a contractor. You can win on the issue but it is usually a tricky proposition. In most contested situations, you might win in two or three out of ten at most.
- jekyllnhyde 17y agoKeep history in mind. The contractor/employee laws are by-products of the New Deal and related periods. They are results of the need to PROTECT employees and keep employers from abusing them.