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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I am an individual author who wants to hire someone on an as-needed

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I am an individual author who wants to hire someone on an as-needed basis to help me with secretarial tasks such as transcribing interviews, taking notes during meetings, creating transcripts, etc. Can I do that? What do I need to do to hire someone (as far as forms, etc)? It would be an hourly position.

Thank you for your question. Please permit me to assist you with your concerns.

You can most definitely do that. You are describing someone who are seeking to hire either on a part-time or a per-diem (per day) basis. If they are going to be part-time, what you would need is a copy of their social security number, a signed copy of the W-4 form so that your employee can pick what manner of withholding you will provide for them, and then you would need to do just that, report the taxes to the proper agencies, provide tax stubs to the employee, and cut a check for the remainder.

Good luck.

Customer: replied 3 years ago.

What if the person is only per-diem and not an actual part-time employee?


The person I would hire would only be used on an as-needed basis, there would be no consistant schedule or hours.

Thank you for your follow-up.

In either case you would need to know how to do their withholding as needed. Unless you are hiring them as an independent contractor rather than as an employee, you would still need to obtain a W-4 which you would need to provide to the state, do the withholding, and collect taxes. In case where you would claim him as an independent contractor, the other party will agree to pay their own taxes, you would still need to obtain their SSN (or their EIN) and have them fill out the W-9 form where they would waive backup withholding. Lack of scheduling is irrelevant, what matters is how much under your control the individual would be.

Good luck.

Customer: replied 3 years ago.

I'm sorry, I'm a bit confused. If they are there as independent contractors, what paperwork must be filled out and where must I report this information?


 


I'm surprised there are forms. Isn't my situation equivalent to hiring a babysitter and paying them an hourly wage? You don't have to do W-4s or reporting for that.

Kush,

You would still need to collect their social security number or their entity identification number (if they are self incorporated) and have them fill out the W-9 form. You would still have to provide this information to the department of state, the state department of revenue and the IRS, so that they are aware that the other person will be paying taxes on their wages directly themselves.

Here is the form:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

Good luck.

Customer: replied 3 years ago.

I see. How does reporting work? I am just an individual, not self-incorporated, not a registered business or entity.

Kush,

It does not matter if you are a sole proprietor or incorporated, you still have to report every pay period if the person is an employee. For independent contracting you would need to send out a 1099-MISC form at the beginning of the year showing all the wages earned so that the other person can properly report on their own tax returns. That is the easier approach but in case of audit or investigation you need to keep the W-9 form on file showing that the person chose to waive withholding since otherwise withholding is the employer's responsibility.

Good luck.

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