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Our restaurant is negotiating with a chef who he is incorporated

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

Our restaurant is negotiating with a chef who he is incorporated and therefore wants to be paid as an independent contractor. Can we do this without withholding taxes?

 

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State/Country relating to question: Virginia

Submitted: 310 days and 20 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  JD 1992 replied310 days and 20 hours ago.

Yes, you should be able to but you need to be careful in giving him too much "direction" in how he does his job. That is what changes someone from an independent contractor into an employee. The fact that he is incorporated makes it less likely there will be an issue.


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Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 97.1 %
Accepts: 2113
Answered: 7/10/2012

Experience: Employment Law Expert

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