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Irwin Law
Irwin Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6849
Experience:  Attorney 40 plus years private practice. Real Estate, Wills, Trusts, Injury claims. Still active.
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I starter a mechanic shop business, I don't want to have

Customer Question

I starter a mechanic shop business, I don't want to have payroll,
WHAT WILL BE THE FORM I CAN GIVE MY EMPLOYEE TO PAY HIS OWN TAX
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Irwin Law replied 1 month ago.

I fully understand what you are trying to do. You wish to establish your workers to be independent contractors rather than employees. This will apply for both workers compensation, and federal income tax withholding. It is not as easy to accomplish as one might think. First, income taxes under federal law whereas workers compensation falls under state law, so you must research both of those laws. Generally, the difference is based upon how much control the employer has over the day-to-day functioning of the worker. It is not just a matter of a form to be signed.Here is an IRS bulletin regarding income tax.

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee. You can contact your state's Worker's Compensation Board online, and I'm sure they will have materials that will help you understand what your liability may be.

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Customer: replied 1 month ago.
In CALIFORNIA, is that posible or not and what form?
Expert:  Irwin Law replied 1 month ago.

The status of independent contractor depends on many more facts than a mere form. The form is just one item which sets out the agreement between the business owner and the worker. Try this site: http://employerscenter.com/independent-contractor-agreement-instructions-california/

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Thanks again for using JUST ANSWER.