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Question

I know a person who owns a small business. On many occasions he has his business workers do jobs at his personal residence such as cutting grass, painting his house, trimming trees, etc. He told me if he didnt give them work to do he could not pay them. If he pays them thru the company and writes it off as a business expense is this not tax fraud? Another question, if one of his workers is injured doing work on his employers personal home, is that worker covered by workers comp?

Submitted: 17 days and 16 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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State/Country relating to question: South Carolina

Accepted Answer

If he operates the business as a sole proprietor, or has Subchapter S status, then he is filing his taxes jointly with the business and it does not amount to tax fraud. He may be taking the value of the repairs as income at the other end for all we know. If the employees are working at the direction of their boss then WC will cover them unless there is a specific policy provision limiting the job sites (very unusual). It is very common for workers lines to be blurred like this when there is a small business involved.

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Expert: FLACORPLAWYER
Pos. Feedback: 98.0 %
Accepts: 
Answered: 11/5/2009

Attorney

23 Years as attorney, licensed NY and FL. Former US ATTY.

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