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Michael Lykken, Esq
Michael Lykken, Esq,
Category: Legal
Satisfied Customers: 85
Experience:  Partner at Soares & Lykken, Attorneys at Law
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I am trying to make the distinction between employee

Customer Question

Hello,
I am trying to make the distinction between employee and independent contractor.
Currently i am an independent contractor working on a yearly retainer. I am paid a set amount on a bi-weekly basis. I set my own hours and work from my own office, although sometimes i do work at my client's office utilizing their office supplies, computers etc.
I do not receive any type of benefits and keep track of my own taxes.
My question is- will the IRS see me as an employee due to the length of the contract and consistency of pay?
Submitted: 8 months ago.
Category: Legal
Expert:  Michael Lykken, Esq replied 8 months ago.
Hello, thank you for using this service. My name is ***** ***** I am a licensed California attorney. I will be helping you with this question. Please understand that I can only provide you with general legal advice in this forum, and if I do not respond back to you quickly it is because I am either in a meeting or at court. In that case I will respond as soon as I can or at night if necessary. Now that the formalities are out of the way, on to your question. In California, an independent contractor has three necessary criteria. First, the independent contractor can control his/her hours of work. Second, the independent contractor can control where he/she works. Third, the independent contractor can perform work for other people and companies. From your question, it sounds like you have the first two criteria met. The question is whether you can work for other people and companies. If you can, then you can probably establish that you are an independent contractor. If not, then you might be an employee. Your client should also be giving you a 1099 for your payments, so I don't think the IRS would question your employment status unless you are subject to an audit. I hope this has helped you, and please let me know if you need additional clarification. If not, I only receive credit for helping you if you rate my service. I thus would appreciate it if you would rate my service. Thank you!

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