2 ms·

The IRS doesn't care if there's an agreement, when it comes to determining employee vs contractor. The rules are very clear: http://www.irs.gov/businesses/smal

• wglb 17y ago
  Well, they are spelled out, but there is still a lot of unclarity in the execution of these rules. Enough so that some large consumers of contractors make everyone go through another consulting organization. As an example, the phrase Does the company control or have the right to control what the worker does and how the worker does his or her job? seems a bit open to interpretation. Lets say you are a contractor working on a BFE Java or .net application. The project has its source control rules, its status reporting rules, its code convention rules, and all are likely under the control of an employee of the company in question. Sounds like the company has the right to control in this very common case. So I argue that the rules may be extensive, but they are not very clear.
• starkfist 17y ago
  I couldn't figure out if the guy was an employee, contractor, or founder...