Forum Discussion
soren
May 22, 2013Explorer
I've been in the construction business for several decades now. I personally know several contractors who have been to hell and back with IRS battles over this issue. Bottom line is, if you are receiving direct supervision, working on an hourly basis, using tools and material provided by the employer, and not holding yourself out to be an independent contractor with your own tools, insurance, responsibility for profit and loss, etc... you ARE an employee. If you receive a 1099 for your wages, the employer is breaking the law. Is this set of guidelines 100% accurate in all cases? No. Will you end up in a big legal mess for taking the money and attempting to pay all typical costs that you employer is skipping out on? Probably not. Are you aware that you are responsible for taxes and fees on your money that can be in the 30-40% range, and need to be paid quarterly? Are you aware that if you are seriously injured on the job, you will probably have a long legal battle ahead of you, since one item you employer is attempting to avoid is having you legally and properly covered by mandated workman's compensation insurance? With 30 years experience in this game, would I ever do it as a work camper? Absolutely not! Legitimate businesses have employees, and don't play games at your expense by pretending that you are a contractor.
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