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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hoe do I properly hire a person that does not want to be taxed,

Resolved Question:

Hoe do I properly hire a person that does not want to be taxed, would it be contract labor and if so what documentation do I need
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

It is not up to the parties to determine whether a worker is an independent contractor or employee, and thus subject to income tax withholding and other requirements. Under CA law, the worker is presumed to be an employee unless the employer can prove otherwise and an improper classification subjects the employer to steep penalties.

Here is a link that provides information in determining how to classify workers:

If the worker is an independent cntractor, then all that is normally needed is a written agreement indicating the terms of their employment.

Here is a link that provides a sample contract:

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