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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4019
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am unemployed and have been offered an employement opportunity

Resolved Question:

I am unemployed and have been offered an employement opportunity that would require me to work for the first 3 months as a "contractor"; after which I would be brought on as a full time employee. This is with a Fortune 100 company that I am well acquainted with and have no concerns about it's legitimacy or anything like that. My concern is that I have only ever been an "employee" -- and have never been a "contractor" before. I have absolutely no idea what I may need to "do" before I begin working. It is a "flat hourly rate on a 1099" situation. I understand this means that I would be responsbile for all of my own taxes -- employer as well as employee. I am assuming that my tax person would be able to guide me on those issues. I am not interested in forming my own company or anything like that for this short period of time (if I don't "have" to) so my question is: are there any ANY LEGAL things that I MUST do before I begin this "job"? Am I REQUIRED to file any legal papers or such prior to starting this contract position? I am a resident of Maryland, and specifically St. Mary's County. In that I will become an "employee" of this company in just a few months, I do not want to make this any more complicated than I need to. Would I be able to just make sure that all "tax" issues are handled properly and legally and just go forward from there, or are there legal issues that I must abide by or be concerned about protecting myself from?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

What kind of work were you hired to perform?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.


computer consulting work for a very well known corporation.

Customer: replied 1 year ago.


computer consulting work for a very well known corporation.

I will be unavailable for about the next hour. Thank you for your assistance.
Expert:  Zachary replied 1 year ago.
Thank you for your response.

In your case, there are no legal steps that you have to follow to act as a contractor for the company.

The most important issue is the one you have already identified, and that is that you will be completely responsible for the payment of your taxes. That will include payroll and income taxes (federal and state). You will want to consult your tax adviser on how to go about doing this and you will want to make your take payment after the 3rd month (on a quarterly basis).

I further agree with your assessment that the amount of time you are speaking about does not justify the expense of setting up a corporation to act as your employer. Although, if the contractor status was going to go on for a longer period of time, you could have some tax savings by doing incorporating, the initial start up expenses in the corporation will outweigh any potential tax savings.

Please let me know if you have any further questions on this issue.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 4019
Experience: Lead trial/International commercial attorney licensed 11 yrs
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