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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 101027
Experience:  Counselor at Law.
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I work in television and was told: Tina- you should be able

Customer Question

I work in television and was told: Tina- you should be able to submit an invoice as you are in a managerial position. Therefore you should not require a "time card account", and should be set up as an independent contractor.
Do I need to apply for an EIN? If so, do I need to classify as a LLC or S Corp? What would be best if I operate by myself. The work is in NY, my permanent residence is NJ, and my home office is in PA. Also which state should I register?
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Business Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If someone in your situation creates a corporation or a corporate entity, then it is recommended to apply for an EIN. If someone in your situation chooses not to have a corporation/corporate entity, then an EIN is not required.

If a corporation or a corporate entity is created, then it is recommended to be an LLC. An LLC provides the liability protection of a corporation but also allows for ease of running the company by less paperwork requirements and looser rules for conducting business, etc.

It is your decision where the LLC (or whatever you file, if anything) would be located. It does not have to be in PA or NJ, and can be in a state which gives favorable privacy/tax status to corporations such as Delaware. However for practical purposes, it is best to have the LLC based out of the office, so this would be PA if one's home is in PA.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!